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2019 Supreme(Kar) 240

JOHN MICHAEL CUNHA
Mmg Health Care, Sirmour, Himachala Pradesh – Appellant
Versus
State at Instance of Drugs Inspector, Chikkaballapura Circle – Respondent


Advocates Appeared:
G. Desu Reddy, Adv., I.S. Pramod Chandra, Adv.

JUDGMENT :

JOHN MICHAEL CUNHA, J.

1. The petitioners have invoked jurisdiction under Section 482 of Cr.P.C. to quash the proceedings in C.C.No.296/2012 pending on the file of the Prl. Civil Judge & JMFC, Chickballapur.

2. The facts leading to prosecution of the petitioners are as follows:

The Drugs Inspector, Chickballapur Circle, filed a complaint under Section 200 of Cr.P.C. alleging that during the course of inspection by the then Assistant Drugs Controller, Chickballapur, samples of Power-tax- 250, Cefotaxine for Injection IP B.No.GM-134, D/M:09/2008, D/E:08/2010, Mfd. by M/s. MMG Health Care, Trilokpur Road, Sirmour Himachal Pradesh-petitioner No.1 were collected. One sealed portion of the sample was sent to the Government Analyst, Drugs Testing Laboratory, Karnataka. On 16.07.2009, the Assistant Drugs Controller received test report to the effect that 'subject drugs were not of standard quality'. Hence, he issued notices to the Pharmacist of M/s. CSI Hospital Pharma, under Sections 18A and 18B of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as 'Act', for short) and Rules there under. Ultimately, complaint came to be lodged against the petitioners for offering for sa



















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