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2022 Supreme(Ker) 178

SOPHY THOMAS
Agron Remedies Pvt. Ltd. – Appellant
Versus
Drug Inspector Office Of The Drug Controller – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.P.V.ANOOP
For the Respondent: SRI.SANAL P RAJ, GOVT. PLEADER.

ORDER :

This Crl.M.C has been filed by the accused in C.C No.1941 of 2014 on the file of Additional Chief Judicial Magistrate Court, Thiruvananthapuram to quash the proceedings in that case, invoking the inherent powers of this Court under Section 482 of Cr.P.C.

2. The State of Kerala represented by Drugs Inspector, Thiruvananthapuram filed Annexure-A complaint against the petitioners herein under Section 32 of the Drugs and Cosmetics Act, 1940, alleging offences punishable under Section 18(a)(i) read with Section 27(d) of the said Act.

3. The allegation in the complaint was that, on 31.01.2011, the Drugs Inspector inspected District Drug Warehouse, Kerala Medical Services Corporation Ltd and drew sample of the drug Enalapril Maleate Tablets IP 2.5mg, Batch No.EEK 04, manufactured and sold by the petitioners. On analysis, the sample was declared 'not of standard quality' as it failed to comply with the test for assay, in violation of Section 18(a)(i) read with Section 27(d) of the Act.

4. Learned Additional Chief Judicial Magistrate Court, Thiruvananthrapuram took cognizance of the offence and complaint was taken on file as C.C No.1941 of 2014. The petitioners are contending that cogni

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