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2022 Supreme(Mad) 2559

RMT. TEEKAA RAMAN
Dharma Pharmacy Pvt. Ltd. , Tamil Nadu, Rep. by its Director, V. Dharmalingam – Appellant
Versus
State of Tamil Nadu, Rep. by T. Gowri, Drugs Inspector, Chennai – Respondent


Advocates appeared:
For the Parties:V.Selvaraj, Advocate, S. Udaya Kumar, Government Advocate (Crl.Side).

JUDGMENT

(Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in C.C.No.6352 of 2016 on the file of the X Metropolitan Magistrate Court, Egmore, Chennai – 600 006 and quash the same.

This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in C.C.No.2841 of 2016 on the file of the IV Metropolitan Magistrate Court, Saidapet, Chennai – 600 016 and quash the same.)

Common Order

1. As petitioners and the issue involved in both the Criminal Original Petitions viz., Crl.O.P.Nos.4847 of 2017 and 27548 of 2016 are one and the same, by consent, they were taken up together and the submissions of the learned counsel on either sides were heard.

2. The brief facts of the case are as follows:

(i) On September 2015, an advertisement has been published in the monthly magazine viz., “Health Choice”, Volume 8, Issue 9, Page 39 with respect of a drug “UTRAVIT-Syrup 200 ml” with the claim that the said drug is a remedy and cures “Menstrual disorders in women and Disease and Disorders of the uterus, Disorders of menstrual flows and Female diseases (in general)” “TAMIL” was noticed by the then Drugs Inspector within h

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