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2024 Supreme(Mad) 852

N. ANAND VENKATESH
Paramjit Arora, Director, M/s. Health Biotech Ltd. – Appellant
Versus
State, rep. by The Drugs Inspector, Kottivakkam Range, Office of the Assistant, Director of Drugs Control, Zone IV, Chennai-6 – Respondent


Advocates Appeared:
For the Petitioner: Mr. Abudukumar Rajarathinam, SC for Mr. V. Johnson Yuvaraj.
For the Respondent: Mr. A. Gopinath, GA (Crl. Side).

ORDER :

(N. Anand Venkatesh, J.) :

This criminal original petition has been filed by the second accused to quash the proceedings in C.C.No.526 of 2022 on the file of the learned Chief Judicial Magistrate, Chengalpat.

2. The brief facts leading to filing of this case are as follows :

    (i) The respondent had drawn sample of a drug manufactured by one M/s. Health Biotech Limited (A1) and it was sent for analysis to the Government Analyst on 30.5.2019. The Government Analyst declared that the sample was not of standard quality and that there was a violation of Section 18(a)(i) of the Drugs and Cosmetics Act, 1940 (for short, the Act) and the Rules framed thereunder.

(ii) Since the said sample was taken from a medical shop namely one M/s.Lakshmi Medicals, a show cause notice was issued along with the report of the Government Analyst. In turn, the proprietor of the said M/s.Lakshmi Medicals disclosed that the drug was purchased from one M/s.Kamalam Medical Corporation. In view of the same, a show cause notice was issued to the said M/s.Kamalam Medical Corporation along with necessary documents. In response to this notice, the proprietor of M/s.Kamalam Medical Corporation disclosed that the

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