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, Nilambur. Thus the labelled claim that the drug Catrina Eye Drops is marketed by M/s. Meditrina Pharmaceuticals, Palace Road, Nilambur is false and misleading. Hence it qualifies the definition of misbranded drug as Section 17 C of the Act.

(ii) Likewise A1 was found to stock for sale 209 numbers of MCN Eye Drops (Item No.7 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 Nilambur. Thus the labelled claim that the drug Catrina Eye Drops is marketed by M/s. Meditrina Pharmaceuticals, Palace Road, Nilambur is false and misleading. Hence it qualifies the definition of misbranded drug as Section 17 C of the Act.

(iii) A1 was found to stock for sale 127 numbers of Meditears Lubricant Eye Drops (Item No.8 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 06/2012 which is one year after the closure of M/s. Meditrina Pharmaceuticals, Palace Road, Nilambur. Thus the labelled claim that the drug Catrina Eye Drops is marketed by M/s. Meditrina Pharmaceuticals, Palace Road, Nilambur is false and misleading. Hence it qualifies the definition of misbranded drug as Section 17 C of the Act (iv) A1 was found to stock for sale 140 x 10 numbers of Medzin-10 (Item No.13 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 05/2012 which is one year after the closure of M/s. Meditrina Pharmaceuticals, Palace Road, Nilambur. Thus the labelled claim that the drug Catrina Eye Drops is marketed by M/s. Meditrina Pharmaceuticals, Palace Road, Nilambur is false and misleading. Hence it qualifies the definition of misbranded drug as Section 17 C of the Act.”

4. Based on the above search and conclusions arrived, the respondent instituted the complaint against the petitioners and others. Annexure-A1 is the complaint. According to the petitioners, even if the entire allegations are accepted, no offence is made out against the petitioners.

5. Heard the learned counsel for the petitioners and the Addl.Director General of Prosecution.

6. The allegation in the case is that on the label regarding the distributor would amount to misbranding. According to the petitioners, a distributor or marketing agent has nothing to do with the branding of medicines. It is further submitted that the manufacturer and the distributor or the marketing agent has nothing to do with the branding of the medicines. So it is submitted that even if it is admitted