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2013 Supreme(Online)(AP) 8

ANDHRA PRADESH HIGH COURT
J, J
Associated Biotech and Others v. State Government of A. P.


Advocates:
For the Appellants/Petitioners: Counsel Name
For the Respondents: Additional Public Prosecutor

1. The petitioners 1 to 5 / A - 1 to A - 5 are accused of offences punishable under S.27(d) of the Drugs and Cosmetics Act, 1940 (in short, the Act) for violation of S.18(a)(i) / 16 and schedule - II and punishable under S.27(c) of the Act for violation of S.18(a)(i) / 17B(d) of the Act. A - 1 is having approval to manufacture drug viz., Rabpraz from the Licensing Authority, Shimla and A - 2 to A - 5 are partners of A - 1 firm. It is alleged that they are all responsible for the day - to - day activities of the firm. On 05.09.2008 Drugs Inspector, Mahaboobnagar District had drawn sample of Rabpraz tablets from G.M. Medical and General Stores, Atmakur by allegedly following procedure prescribed by law and forwarded sealed portion of the sample drug to the Government Analyst, Drugs Control Laboratory, Hyderabad under registered parcel. On 06.07.2009, analysis report of the sample drug is received in Form - 13 from the Government Analyst declaring the sample as not of standard quality for the reason that the sample does not comply the Assay for Rabprazole Sodium as per STP (claim 20mg / tablet, found 4.9 mg / tablet). On 03.12.2009, the incharge drugs inspector addressed notice to P












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