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2022 Supreme(Mad) 2271

G. CHANDRASEKHARAN
Zest Pharma, Rep by Its Partner Shri. Sudhir Vora – Appellant
Versus
State Rep By Drugs Inspector Coimbatore II Range Office Of Assistant Director Of Drugs Control Coimbatore – Respondent


Advocates appeared:
For Petitioners:AR.L. Sundaresan, Senior counsel, M/s. T.D. Selvanbabu, Advocate. For the Respondent: E. Raj Thilak, Additional Public Prosecutor.

JUDGMENT

(Prayer: This Criminal Original Petition is filed under Section 482 Cr.P.C. to call for the records of the proceedings in S.T.C.No.776 of 2015 on the file of learned Judicial Magistrate No.VII, Coimbatore and quash the complaint.)

1. This petition is filed to call for the proceedings in STC No.776 of 2015 on the file of learned Judicial Magistrate No.VII, Coimbatore and to quash the complaint

2. Respondent filed this complaint against the petitioners for the contravention of the offences under section 18(a)(i) of Drugs and Cosmetics Act, 1940 punishable under Section 27(d) of the Act. The sample of Rabtek, Rabeprazole Tablets IP (20mg) was drawn for analysis by the Deputy Inspector, Coimbatore from ESI Dispensary, Madhukarai. The sealed sample was sent to Government Analyst (Drugs), Drugs Testing Laboratory, Chennai. The test report dated 10.12.2013 declared the sample as not of standard quality for the reason that sample does not confirm to IP specification for Rabeprazole Tablets with respect to the content of cf Rabeprazole Tablets sodium (61.05%) and to the dissolution in buffer medium. The sample medicine disclosed that the subject drug was supplied by Central Medical St

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