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2022 Supreme(Mad) 509

G.JAYACHANDRAN
State Rep. by The Senior Drugs Inspector, Chennai – Appellant
Versus
Subiksha Trading Services Pvt. Ltd. , Represented by its Managing Director, R. Subramanian – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S. Udaya Kumar, adv
For the Respondents:S. Gopalakrishnan, I. Subramanian, Prakash Gokhlaney, Advocate.

JUDGMENT :

(Prayer: Criminal Appeal is filed under Section 378 of Cr.P.C., to aside the judgment of acquittal of the respondents/accused [A1 & A2] passed by the Honourable Court of IV Metropolitan Magistrate, Saidapet, Chennai – 15 in C.C.No.1471 of 2003 dated 09.08.2010.)

1. The appeal by the State represented by Senior Drug Inspector. Aggrieved by the order of acquittal by the Trial Court in a complaint filed against the respondents for contravention and violation of Sections 18(c) of the Drugs and Cosmetics Act, 1940 read with 65 (6), 65(4)(3)(ii) and 65(4)(4) of Drugs Rules 1945.

2. The case of the complainant is that, on 11.12.2000, the Senior Drug Inspector inspected the 1st accused/Company, in which, 2nd accused is the Managing Director and 3rd accused is the Manager. The 1st accused firm found that the carbon copies of the sales bills for the period 01.01.2000 till date, was not maintained. Similarly, the purchase bills for tablets Rantac 15 mg Batch No.1112, Daonil tablets batch No.290350 and Metformin 500 mg tablets (cipla) were not available. The inspection was conducted based on a specific complaint from one Muthu Kumar alleging that, when Dr.K.Balachandran, Senior Civil S

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