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A. SANTHOSH REDDY
Akums Drugs and Pharmaceuticals Ltd. – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
This criminal petition is filed under Section 482 Cr.P.C to quash the proceedings against the petitioners/A-1 to A-4 in C.C.No.146 of 2013, on the file of the Judicial Magistrate of First Class, Suryapet.
2. The allegations of the complaint are that A-1 is the company and A-2 to A-4 are the Directors of A-1 company. The second respondent is the Drug Inspector, who filed complaint against the petitioners. On 26.04.2008 the Drug Inspector visited M/s.Venkata Laxmi Medical and General Stores at Suraypet and has lifted of Peptilcer (Rx.Pantoprazole Tablet) B.No.BA3905 manufactured on 08/2007, Expiry date 07/2009 in quantity 25x10 which is manufactured by M/s.Akums Drugs and Pharmaceuticals Ltd., Haridwar (A-1) for the purpose of analysis and towards the price of 25x10 tablets, he paid Rs.320/- and obtained cash memo and receipt. The second respondent divided sample of 25x10 tablets into four portions (one portion containing 10x10 and three portions containing 5x10 tablets. One portion of the sample (5x10) tablets was restored with M/s.Venkatalaxmi Medical and General Stores and another portion of the sample i.e. 10x10 of peptilcer was sent to the Government Analyst, the Drugs Con
Court is of the view that after taking into account the law of limitation, the complaint ought to have been filed within three years from the date of detection of offence.
The central legal point established in the judgment is the importance of adhering to the prescribed limitation period for filing a complaint under the Drugs and Cosmetics Act, 1940, and the consequen....
The main legal point established in the judgment is the importance of adhering to the limitation period for filing a complaint and the necessity of impleading responsible persons in a complaint again....
The main legal point established in the judgment is the significance of adhering to the limitation period for filing complaints under Section 468 of the Cr.P.C. and the influence of precedent set by ....
Conducting of an enquiry under Section 202(1) Cr.P.C is mandatory, when the accused is residing at a place beyond the area of jurisdiction of the Magistrate.
Quash of Criminal proceedings - once it is shown that the right of accused to adduce evidence in controversion of the Government Analyst’s report is defeated due to acts and omission of the Drugs Ins....
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