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2015 Supreme(Online)(KER) 12148

HIGH COURT OF KERALA
K.RAMAKRISHNAN, J
BHUPESH KUKREJA – Appellant
Versus
THE DRUGS INSPECTOR – Respondent


O R D E R

This petition is filed by the petitioners to quash the proceedings in STC.No.1908/2009 on the file of the Judicial First Class Magistrate Court, Thalassery under section 482 of the Code of Criminal Procedure .

2. It is alleged in the petition that petitioners were arrayed as accused 1 to 4 in STC.No.1908/2009 on the file of the Judicial First Class Magistrate Court, Thalassery facing prosecution under the provisions of the Drugs and Cosmetics Act . The complainant, Drug Inspector, sought to prosecute M/s.Adroit Pharmaceuticals Pvt.Ltd and three of its Directors for the offence under section 18(i)(a) read with 27(d) of the , 1940. The petitioners appeared before the learned Magistrate and they were enlarged on bail. The Drug Inspector had not caused any investigation as to who is responsible for the day-to-day affairs of the company as per section 34 of the and the procurement of sample is illegal and in violation of section 23(2) of the . Annexure A3 does not contain the full 'protocol of analysis' as mandated under Rule 46 of the Drugs and Cosmetic Rule, 1945. Since it was not mentioned as to who is responsible for the day-to-day affairs of the company, the complaint i

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