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2022 Supreme(Online)(KER) 21452

K.HARIPAL, J
M/S.LINCOLN PHARMACEUTICLAS LTD – Appellant
Versus
THE DRUGS INSPECTOR – Respondent


O R D E R

This is a Criminal M.C. filed under Section 482 of the Code of Criminal Procedure seeking to quash Annexure-A complaint and further proceedings in C.C. 1465 of 2015 on the file of the Judicial First Class Magistrate, Ottapalam. Petitioners are the accused in the said Calendar Case. The case was registered on Annexure-A complaint preferred by the Drugs Inspector, Palakkad. The facts of the case are thus: On 11.06.2012, the then Drugs Inspector visited the premises of the Employees State Insurance Dispensary, Kulappully, Shornur, Palakkad and drew statutory samples of medicine Adil-90 (Diltiazem Sustained Release Tablets) Batch No.T-IC22 with manufacturing date 12/2011, expiry date 11/2014 manufactured by the 1st accused firm. The samples were taken for analysis following the provisions under Section 23 of the Drugs and Cosmetics Act, 1940, hereinafter referred to as the Act, and the items were seized adopting the procedural formalities. The first sample was sent to the Government Analyst Drugs Testing Laboratory, Thiruvananthapuram as provided under Section 23(4)(i) of the Act by registered post. After testing, the Government Analyst declared that the drug does not conform

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