ORDER

Petitioners are the accused Nos.4 to 7 in C.C.No.714/2016 on the file of Judicial First Class Magistrate Court – V, Kozhikode. The above case is filed alleging offences punishable under Section 18(a)(i) read with Section 27(d) of the Drugs and Cosmetics Act, 1940.

2. The allegations against the petitioners are that on the label of certain drugs allegedly manufactured by the petitioners, it is written that 'marketed by M/s.Meditrina Pharmaceuticals, Palace road, Nilambur’ whereas the said said concerned was closed down and no longer functional. Hence it is alleged that the said inclusion on the label amounts to misbranding of the drugs as defined under Section 17C of the Drugs and Cosmetics Act, 1940.

3. It is further alleged that on search conducted by the Inspector at the office of the 1^st accused, the following were found stocked.

“(i) A1 was found to stock for sale 156 numbers of Catrina Eye Drops (Item No.4 in Form 16 dated 01.04.2013) marketed by M/s. Meditrina Pharmaceuticals, Palace Road, Nilambur manufactured by A4. The date of manufacture printed on the label of the drug is 11/2011 which is six months after the closure of M/s. Meditrina Pharmaceuticals, Palace Road, Nila