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1999 Supreme(Bom) 673

S.S.PARKAR
A. V. Mody and others – Appellant
Versus
S. R. Salunke and another – Respondent


JUDGMENT - S.S. PARKAR, J.:---Petitioners who are the Directors of M/s. Uni-Sankyo Ltd., a registered company have filed this petition for quashing the complaint in Criminal Case No. 47 of 1992 filed by the respondent State in the Court of JMFC, Khed, Dist. Ratnagiri and the process issued therein under the provisions of the Drugs and Cosmetics Act, 1940.

2.The registered company by name Uni-Sankyo Ltd. was engaged in the business of manufacture and sale of pharmaceutical products. On 16th March, 1991 the Drug Inspector B.R. Masal visited the premises of M/s Tirupati Medical Stores and had drawn the sample of Sporlac Tablets S.No. L.P. 011016 mfg. date June 90 expiry date May 92 manufactured by M/s Uni-Sankyo Ltd. The said company is having its address at Plot No. B 4, M.I.D.C., Lote Parshuram, Tal. Khed, Dist. Ratnagiri which is original accused No. 8. The said sample was drawn for test and analysis as per the procedure laid down in section 28 of the Act and issued intimation in form No. 17. One part of the sealed sample was given to the firm M/s. Tirupati Medical Stores against the Credit Memo and the price was subsequently paid on 26th March, 1991 against receipt No. 2426. On 18t









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