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2022 Supreme(Mad) 3016

N. SATHISH KUMAR
Carenow Medical Pvt. Ltd. , Coimbatore Represented by its Managing Director Anand Venkatachalam – Appellant
Versus
State rep by: The Drug Inspector, Ranipet Range, O/o The Assistant Director of Drugs Control, Vellore – Respondent


Advocates appeared:
For the Petitioners:V. Lakshminarayanan, Advocate. For the Respondent:Leonard Arul Joseph Selvam, Government Advocate (Crl. Side).

JUDGMENT

(Prayer in Crl.O.P.No.11696 of 2022: Petition filed under Section 482 of Cr.P.C. to call for the records relating to the STC No.01 of 2022 on the file of the learned Judicial Magistrate No.II, Walajah and quash the same.

Prayer in Crl.O.P.No.13627 of 2022: Petition filed under Section 482 of Cr.P.C. to call for the records relating to the STC No.20 of 2022 on the file of the learned Judicial Magistrate No.I, Vellore and quash the same.)

Common Order:

These Criminal Original Petitions have been filed to quash the complaints filed by the Drug Inspectors of Ranipet Range and Vellore II Range, taken on file as STC.No.1 of 2022 by the learned Judicial Magistrate No.11 Walajah and in STC No.20 of 2022 by the learned Judicial Magistrate No.I, Vellore for the offences under Section 18(a)(i) r/w Section 17 and Section 18(c) of the Drugs and Costmetics Act, 1940 along with Rule 74 r/w condition No.3 of Form 25 of the Drugs and Cosmetics Rules 1945 .

2. Brief facts of the prosecution is that sample of drug Theruptor Hand Rub was drawn from the premises of M/s. Rajan Medical Shop, Walajah on 23.05.2020 by the Drug Inspector of Ranipet Range sent for analysis to Government Analyst, Chennai.

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