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IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No. 1068 of 2013

1.

M/s KARNATAKA ANTIBIOTICS & PHARMACEUTICALS LTD., having its

registered office at Dr. Rajkumar Road, Block, Rajajinagar, Bagalore

through Mandayam Narasiwodiyar Vijay Kumar, son of late M.N.

Narayana Lyengar, General Manager (Marketing) resident of Dr.

Rajkumar Road, 1 Block, Rajajinagar, Banagalore, P.O. & P.S.

Rajajinagar, District Bangalore (Karnataka)

2.

Kanahialal Lavajidhai Jala, son of L.G. Jala, at present posted as

Senior Manager, Quality Assurance, Karnataka Antibiotic &

Pharmaceutical Ltd., resident of Flat No.29, “Mathry Chhaya”, 4^th

Block, Doddabommasandra Near R. R. High School, Vidyaranyapura,

P.O. & P.S. Vidyaranyapura, District Bangalore- 560097

… Petitioners

-Versus-

1.

The State of Jharkhand

2.

Surendra Prasad, son of not known, Drug Inspector, Dhanbad in the

office of Civil Surgeon-cum-Chief Medical Officer, Dhanbad, P.O., P.S. &

District- Dhanbad

… Opposite Parties

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CORAM:

HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners

: Mr. Deepak Kumar Prasad, Advocate

For the Opposite Party-State

: Mr. Suraj Verma, Spl. P.P.

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05/07.12.2021.

Heard Mr. Deepak Kumar Prasad, learned counsel for the petitioners

and Mr. Suraj Verma, learned Spl. P.P. for the opposite party-State.

2.

This application has been filed for the following reliefs:

“For quashing of entire criminal proceeding in connection with

C.O. Case No. 89/2011 dated 09.08.2011 under Sections 18(a)

(i)(vi), 18(b) and 27(d) of the Drug and Cosmetic Act, 1940,

including the order taking cognizance dated 09.08.2011 passed

by learned Chief Judicial Magistrate, Dhanbad.”

3.

Counsel for the petitioners submits that the present case is fully

covered by the judgment passed by the Hon’ble Supreme Court in

“Medicamen Biotech Limited & Another Vs. Rubina Bose, Drug

Inspector” reported in (2008) 7 SCC 196 and followed by this Court in

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Cr. M.P. No. 152/2012 and Cr. M.P. No. 94/2012, all decided in the case filed

by the present petitioners only.

4.

He further submits that the complaint was made by the opposite

party no.2 dated 09.08.2011 in which it is alleged that the medicine Verclav

625 (Amoxycillin & Potassium Clavulanate Tablets, IP) Batch No.

KAVL09002, D.M. 07/2009, D.E. 06/2011 was supplied by the manufacturer

M/s Ankur Drug and Pharma Limited, Nalagarh, District Solan under lease

licence of the petitioner's firm was found substandard and accordingly the

complaint was lodged on 09.08.2011.

5.

The learned counsel for the petitioners submits that on 15.12.2009,

the sample was taken from the jail, Dhanbad while taking the sample of

medicine the Drug Inspector has also not followed the statutory provision

under Section 23(4)(i)(iii) of the Drug and Cosmetic Act, 1940. He further

submits that as per the report of the Government Analyst, the sample of

medicine was not of standard quality. The certificate is annexed at

Annexure-2 of the petition. He also submits that the report of the

Government Analyst was challenged by the Company. He further submits

that the complaint was lodged before the learned Chief Judicial Magistrate,

Dhanbad after expiry of medicine and therefore, the valuable right has not

availed under Section 25(4) by the petitioners. He submits that in such

circumstances, the entire criminal proceedings including order taking

cognizance is fit to be quashed as the mandatory provisions of Drugs and

Cosmetics Act, 1940 has not been followed and great prejudice has been

caused to the petitioners. Counsel for the petitioners has relied upon

judgment passed by the Hon’ble Supreme Court reported in “Medicamen

Biotech Limited” (supra) as well as orders passed by this Court in Cr.

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M.P. No. 152 of 2012 and Cr. M.P. No. 94 of 2012 and submits that under

similar circumstances, the entire criminal proceeding has been quashed by

t