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IN THE HIGH COURT OF KERALA AT ERNAKULAM
GIRISH, J
VARGHESE PAUL VETAS PHARMACEUTICALS – Appellant
Versus
REGIONAL DRUG INSPECTOR OFFICE OF THE ASSISTANT DRUGS CONTROLLER – Respondent
| Table of Content |
|---|
| 1. conviction under the drugs and cosmetics act due to quality standards. (Para 1 , 2 , 3) |
| 2. delays affected the opportunity to contest findings. (Para 4 , 5) |
| 3. the analysis post-expiration was not valid. (Para 6 , 7) |
O R D E R
The concurrent verdicts of the Chief Judicial Magistrate, Thrissur, and Additional Sessions Court (Adhoc) Fast Track-I, Thrissur in C.C No.20/1996 and Crl.A No.657/2004 respectively, convicting and sentencing the petitioner for the commission of offence under Section 18 (a)(i) of the Drugs and Cosmetics Act, 1940 (hereafter referred as ‘the Act’), are under challenge in this revision petition.
2. The prosecution case is that the petitioner, who is the Proprietor of a manufacturing unit by name M/s.Vetas Pharmaceuticals, Thrissur, manufactured Magnesium Sulphate paste for sale, which were not of standard quality. An inspection conducted by the Drug Inspector, Thrissur at a retail shop in Kozhikode on 16.11.1993, culminated in the institution of this criminal prosecution against the petitioner. It is stated that the sample of Magnesium Sulphate paste, manufactured by the petitioner herein and kept for sale at the aforesaid retail shop, when col
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