JUDGMENT/ORDER :

Prayer in Crl.O.P.No.23375 of 2016: Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to call for the entire records in C.C.No.2694 of 2016 pending on the file of the learned IV Metropolitan Magistrate, Saidapet, Chennai and to quash the same.

Crl.O.P.No.23524 of 2016: Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to call for the entire records in C.C.No.2694 of 2016 pending on the file of the learned IV Metropolitan Magistrate, Saidapet, Chennai and to quash the same.

1. Criminal Original Petition No.23275 of 2016 has been filed by A2, A3, A4, A6, A7, A8, A10, A11 and A12, while Criminal Original Petition No.23524 of 2016 has been filed by A1, A5, A9 and A13 seeking to quash the criminal prosecution instituted in C.C.No.2694 of 2016 on the file of the learned IV Metropolitan Magistrate, Saidapet, Chennai for the offence under Sections 18(a)(i) r/w 17(c) of the Drugs and Cosmetics Act, 1940 which are punishable under Section 27(d) of the Drugs and Cosmetics Act,1940 (hereinafter will be called as “the Act”) pursuant to a complaint filed by the respondent-Drugs Inspector, Saidapet Range.

2. M/s.Pfizer Products India Private Limited at Jogeshwari (West), Mumbai, represented by one of the Directors, Gul Raj Bhatia, and two other licensed premises at Kalher in Mumbai and at Guindy in Chennai, have been arrayed as A1, A5 and A9 respectively. Gul Raj Bhatia (A2), Anil Bhavnani (A3) and Kumar Viswantha Setty are the Directors of A1, A5 and A9 and hence, they have been added as Accused. A13 is the Power of Attorney Holder of M/s.Pfizer Products India Private Limited. Since the petitioners in both original petitions have been arrayed as accused in one single complaint and the issues involved are identical, both the original petitions were heard together and are being disposed of by way of this common order.

3. The gist of the private complaint filed by the respondent-complainant before the trial court against the petitioners is as follows:-

(a) That on 28.04.2015 an inspection was conducted by the Drugs Inspector, Saidapet Range, along with the Drugs Inspectors of Adyar and Royapettah Range at the premises of M/s.Pfizer Products India Private Limited (in short, the accused company) situated at Guindy in Chennai (A9), in connection with a complaint in respect of a drug “Depo-Provera”, which is in a Pre-filled Syringe. During inspection, it was found by the Drugs Inspectors that the drug Depo-Provera which were stocked and kept for sale bore different expiry dates printed on the inner and outer packing which is misleading. Moreover, the pack of the subject drug had two components namely, a pre-filled syringe containing Medroxyprogesterone Acctate injectable suspension USP and a disposable needle.

(b) According to the respondent-complainant, the expiry dates printed on the pre-filled syringe was 04/2019 and on the disposable needle the expiry date was printed as 02/2019; whereas on the outer carton, the expiry date was printed as 01/2019 which had no relevance with the expiry dates of the individual components’ expiry dates available inside the pack.

(c) Further, according to the respondent-complainant, the pre-filled syringe and the needle were manufactured by two different companies. However, the label of the pre-filled syringe alone contained both manufacturing and expiry date and the needle did not bear manufacturing date. Since the expiry date mentioned on the outer carton of the said pack has got no relevance either to the needle or to the pre-filled syringe and the pack of the subject drug had three different sets of expiry dates printed on the label of the pre-filled syringe, on the label of the needle and on the outer carton, they were thus misleading and the same would create confusion to the public at the time of usage/consumption and thereby the drug “Depo-Provera” was a misbranded drug as per Section 17(c) of the Act and thus, it contravenes Section