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1998 Supreme(Pat) 206

S.K.CHATTOPADHYAYA
S. B. Ganguly Alias Satya Brata Ganguly – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.K.Chattopadhyaya, J.

1. In this application under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing the entire criminal proceeding including the order taking cognizance dated 9.4.1990 for an offence under Section 27 of the Drugs and Cosmetic Act, 1940.

2. The facts of the case lie in a narrow compass: One Dr. S.K. Ghosh, a Medical Practitioner, purchased Wymox (Ammoxycillin) mixture from one Sinha Pharmacy and sold the same to one of his patients. The said patient returned the phial on the ground that bottle of the mixture contained one insect. On 30.10.1989, Dr. Ghosh informed the matter to the Managing Director of the Company and on receipt of the same the representative of the Company met the doctor from time to time to enquire into the matter and to get the bottle examined but Dr. Ghosh did not oblige him by handling over the bottle. After some correspondences, it appears, when Dr. Ghosh could not get any relief at the Companys end, he complained to the Prime Minister of India, on 4.3.1990 with a copy of the same to the Minister of Health and Family Welfare, Government of India. That letter of complaint was sent to Dr. Prem Kumar Gu




































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