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2023 Supreme(Mad) 1361

B. PUGALENDHI
Alkem Laboratories Ltd. , Rep. by its Director and Power of Attorney Dhananjay Kumar Sing – Appellant
Versus
State Rep. by The Drug Inspector, Virudhunagar – Respondent


Advocates appeared:
For the Petitioners:V. Karthic, Senior Counsel, C. Muthusaravanan, Advocate. For the Respondents: S.Ravi, Additional Public Prosecutor.

JUDGMENT

(Prayer: Petition filed under Section 482 of the Criminal Procedure Code to call for the records relating to the proceedings in STC.No.297 of 2016 on the file of the learned Judicial Magistrate No.1, Sivagangai and quash the same.)

1. The Court made the following order :-

The petitioners are accused in STC.No.297 of 2016, on the file of the learned Judicial Magistrate No.1, Sivagangai, which was instituted at the instance of the first respondent / Drugs Inspector, for contraventions under Section 18(a)(i) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as ''the Act''). Challenging the proceedings pending against them, the petitioners have filed this petition.

2. The case of the prosecution, in brief, is as follows:

2.1. The first respondent, on 05.05.2015 caused a surprise inspection in the premises of M/s.Elango Medicals, situated at 143/1, Ground Floor, Shop No.3, Gandhi Veethi, Sivagangai and drew samples of a drug named ''Clavam Dry Syrup''. The sample was divided into four portions and one was sent to the Government Analyst for analysis.

2.2. The Government Analyst, after analysis, has submitted a report dated 14.09.20

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