JUDGMENT/ORDER

1. This petition seeks quashment of RCC No. 4/2022 which is a complaint fled before the Judicial Magistrate First Class on 19/7/2022 by the Drug Inspector for controversion of provisions of Sec. 18-A(i) punishable under Sec. 27 of Drugs and Cosmetics Act, 1940 (for short "the Act").

2. Petitioner No. 1 is a public limited company incorporated under the Companies Act (for short 'company') and is engaged in the business of manufacturing and sale of several drugs and cosmetics. It is also licence holder for manufacture of drug named "SG Flames Tablets" (Aceclofenac Paracetamol and serratiopeptidase Tablets). It is a non-pharmacopeial drug wherein the method of analysis is not prescribed but it is with the manufacturer. It is further contended that the Drug Inspector visited the premises of M/s Pharma Seva Pharmaceuticals Distributors at Aurangabad and had drawn sample of the abovementioned drug for the purpose of its analysis by issuing Form No. 17 as provided by the Act and Rules. Drug Inspector sent one sealed part of the sample to the Government Analyst, Maharashtra State Drugs Control Laboratory, Mumbai and in report dtd. 12/11/2021 of Government Analyst it was opined