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2018 Supreme(Bom) 2116

NUTAN D.SARDESSAI
AFD Laboratories Pvt. Ltd. – Appellant
Versus
Union of India, Ministry of Health and Family Welfare – Respondent


Advocates:
Advocate Appeared:
Shivan Desai, Susan Linhares.

JUDGMENT :

Nutan D. Sardessai, J.

1. The petitioners have assailed the order dated 21.07.2017 passed by the learned JMFC, Vasco, pursuant to which the learned JMFC ordered the issuance of process against the petitioners on the complaint lodged by the respondent under Section 18(i)(a) read with Section 32 of The Drugs and Cosmetics Act, 1940, (Act, for short hereinafter) by invoking the jurisdiction of this Court under Section 482 of the Cr.P.C.

2. It was the case of the petitioners that although allegations were made against them, the material on record did not even disclose, prima facie, any case under Sections 18(i)(a) and 27(d) of the Act. The complaint did not contain any material allegation against the petitioners and that the summons had been issued arbitrarily and in a most perfunctory manner. The respondent had not even followed the procedure established by law in reaching the conclusion to investigate the issue regarding the drug manufactured by the company and, therefore, non following of the procedure rendered both i.e. the complaint as well as the summons issued therein without warrant or authority of law and the same were liable to be quashed. The petitioners have been in

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