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2024 Supreme(MP) 164

PREM NARAYAN SINGH
Ipcan Generic Health Care Pvt. Ltd. – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Rohit Kumar Mangal for applicants;
Anand Soni, Additional Advocate General for respondent/State.

ORDER

1. This present petition has been preferred on behalf of the petitioners/company under section 482 of Cr.P.C. being aggrieved by the order dated 5.10.2020 passed in ST No.348/2020 by JMFC, Ujjain whereby upon the private complaint, cognizance under sections 17(b)(e), 18(a)(iv), 18(B), 27(c), 27(d) & 28-A of Drugs and Cosmetics Act, 1940 (hereinafter referred to as "the Act of 1940".) has been taken and process has been issued against the petitioners.

2. Facts of the case are that pursuant to a complainant made by the complainant, the respondent has inspected the premises of the company namely M/s Simco Pharma on 20.9.2016 situated at 30, Ravi Shankar Nagar, Ujjain and found that the drugs namely Silver Sulphadiazine Cream (31x500grams) was found in the boxes wihout adhering lebel on drugs. Authorized person of M/s Simco Pharma told the respondent that the said drugs has been purchased by M/s. Simco Pharma from the present petitioners. The respondent has issued two letters dated 19.12.2016 and 8.2.2017 to the present petitioner seeking explanation regarding sale of the said drugs. In reply dated 29.3.2017,the petitioner no.1 has stated that the said drugs were sold to M/s. Simc

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