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2021 Supreme(Del) 1519

SUBRAMONIUM PRASAD
Sanofi India Limited – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Dayan Krishnan, Advocate, Amit Mishra, Advocate, Akshat Hansaria, Advocate, Mohit Negi, Advocate, Amrita Prakash, Advocate, Sunieta Ojha, Advocate

JUDGMENT

Subramonium Prasad, J. - These writ petitions under Article 226/227 of the Constitution of India have been filed for quashing of summoning orders dated 30.09.2019 and 13.01.2020 as well as Order dated 16.01.2021, issuing notice against the petitioner, and for quashing of Criminal Complaint being CC No. 16817/2019.

2. The facts, in brief, leading to the present case are as follows:-

    i. It is stated that in June 2015, the Petitioner Company manufactured the drug Combiflam, i.e. Batch No. A150682 (hereinafter, "batch in question") and a test analysis result of this batch was conducted by Shagun Testing Laboratories as well as Devansh Testing & Research Laboratory Pvt. Ltd., both being contracted labs for the Government Medical Store Depot, New Delhi. It is stated that both were found to be duly complying with the Disintegration Test parameters. Both the laboratories termed Batch No. A150682 as "Standard Quality".

    ii. It is stated that on 24.02.2016, a sample of the same batch was drawn by the then Drug Inspector, Central Drug Standards Control Organisation (CDSCO) North Zone, Ghaziabad, for testing analysis. The sample portion was sent to Government Analyst, Regional Drugs Testin

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