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2022 Supreme(Mad) 2857

N. SATHISH KUMAR
Gopi Nath Sahu, Director, M/s. Pure & Cure Healthcare Pvt. Ltd. , Uttarkand – Appellant
Versus
State of Tamil Nadu represented by E. Sakthivel, Salem – Respondent


Advocates appeared:
For the Petitioner:R. Palaniandavar, Advocate. For the Respondent: E. Raj Thilak, Additional Public Prosecutor.

JUDGMENT

(Prayer: Petition filed under Section 482 of Cr.P.C.to call for the records and quash the complaint in STC No.675 of 2020 on the file of the Judicial Magistrate, Pappiredepatti and all proceedings/orders/coercive steps emanating therefrom with regard to the Petitioners.)

1.This petition has been filed to quash the prosecution initiated for the offence under Section 18(a)(i) and 18-B of the Drugs and Cosmetics Act, 1940, punishable under Section 27(d) and Section 28-A of the said Act.

2. The Crux of the allegations in the complaint is as follows:

2.a. On 02.12.2019 a sample of ZELITA 7 (Omega 3 marine triglycerides methylcobalamin, Zinc Gluconate, Chromium picolinate, selenium, folic acid and Vitamin B6 capsules) B.No.ZSSPC9005, M/D: 06/2019, E/D: 11/2020, Mfg.by: PURE & CURE HEALTHCARE PVT.LTD., was drawn by the Drug Inspector, under sample No.79/CM/HAR/2019 Dt.05.12.2019 and sent for analysis to the Government Analyst (Drugs), DTL, Chennai-6. The Government Analyst in their report dated 07.02.2020 declared that the sample is not of standard Quality for the reason that the sample does not conform to Label claim with respect to the content of Pyridoxine Hydrochloride (0.57

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