w w w . L a w y e r S e r v i c e s . i n



M/s.MMC Healthcare (HP) Pvt. Ltd., & Another v/s State represented by the Drugs Inspector, Valasaravakkam Range


Company & Directors' Information:- R G S HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110PB2004PTC047381

Company & Directors' Information:- R G S HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110CH2004PTC027689

Company & Directors' Information:- P. H. HEALTHCARE PRIVATE LIMITED [Active] CIN = U33110MH2010PTC208651

Company & Directors' Information:- B G P HEALTHCARE PRIVATE LIMITED [Active] CIN = U24232GJ2007PTC050417

Company & Directors' Information:- D R HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110GJ2006PTC048008

Company & Directors' Information:- M J HEALTHCARE PRIVATE LIMITED [Active] CIN = U93090PN2008PTC132455

Company & Directors' Information:- S J HEALTHCARE PRIVATE LIMITED [Active] CIN = U85190MH2005PTC153435

Company & Directors' Information:- S R DRUGS PVT LTD [Active] CIN = U24231MH1982PTC027442

Company & Directors' Information:- G J HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110PB1998PTC021049

Company & Directors' Information:- J M DRUGS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U24100MH2010PTC203799

Company & Directors' Information:- I M HEALTHCARE PRIVATE LIMITED [Active] CIN = U24232CH2010PTC032454

Company & Directors' Information:- K G HEALTHCARE LIMITED [Active] CIN = U85110TZ1995PLC006402

Company & Directors' Information:- C S HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110GJ2012PTC070018

Company & Directors' Information:- M M HEALTHCARE LIMITED [Active] CIN = U74899DL1988PLC034339

Company & Directors' Information:- A L B HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U85110UP2002PTC026786

Company & Directors' Information:- S B M HEALTHCARE (INDIA) PRIVATE LIMITED [Active] CIN = U33112DL2005PTC140703

Company & Directors' Information:- S A HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U85100OR2014PTC018365

Company & Directors' Information:- AND HEALTHCARE LIMITED [Active] CIN = U51909PB2017PLC046446

Company & Directors' Information:- G N K DRUGS CO PVT LTD [Active] CIN = U24246WB1979PTC031913

Company & Directors' Information:- D. S. HEALTHCARE PRIVATE LIMITED [Active] CIN = U24232WB2007PTC115617

Company & Directors' Information:- B N HEALTHCARE PRIVATE LIMITED [Active] CIN = U15412AS2000PTC006258

Company & Directors' Information:- P AND B HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U24230GJ2013PTC075056

Company & Directors' Information:- M M D HEALTHCARE LIMITED [Active] CIN = U65921CH1996PLC017595

Company & Directors' Information:- DRUGS INDIA PVT LTD [Active] CIN = U24232AS1973PTC001457

Company & Directors' Information:- S P M DRUGS PRIVATE LIMITED [Active] CIN = U26916TZ1988PTC002198

Company & Directors' Information:- A B R DRUGS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069200

Company & Directors' Information:- Z X DRUGS PRIVATE LIMITED [Active] CIN = U51397HR2007PTC037275

Company & Directors' Information:- A AND R HEALTHCARE PRIVATE LIMITED [Active] CIN = U24239DL1999PTC102404

Company & Directors' Information:- K. N. HEALTHCARE PRIVATE LIMITED [Active] CIN = U85320RJ2018PTC061003

Company & Directors' Information:- R F B HEALTHCARE PRIVATE LIMITED [Active] CIN = U85190DL2021PTC384643

Company & Directors' Information:- M S HEALTHCARE PRIVATE LIMITED [Active] CIN = U24239MH2001PTC130893

Company & Directors' Information:- G S DRUGS PRIVATE LIMITED [Strike Off] CIN = U24231UP1999PTC024324

Company & Directors' Information:- G A S HEALTHCARE PRIVATE LIMITED [Active] CIN = U74999BR2018PTC038700

Company & Directors' Information:- L. J. HEALTHCARE PRIVATE LIMITED [Active] CIN = U85100HR2019PTC078493

Company & Directors' Information:- A P DRUGS PVT LTD [Active] CIN = U24232CH1988PTC008285

Company & Directors' Information:- J. R. HEALTHCARE PRIVATE LIMITED [Active] CIN = U85191UP2013PTC054982

Company & Directors' Information:- M A P H HEALTHCARE PRIVATE LIMITED [Under Process of Striking Off] CIN = U85100WB2010PTC144870

Company & Directors' Information:- N. C. HEALTHCARE PRIVATE LIMITED [Active] CIN = U85191DL2007PTC164437

Company & Directors' Information:- N Y HEALTHCARE PRIVATE LIMITED [Active] CIN = U24230GJ2010PTC063348

Company & Directors' Information:- H 4 HEALTHCARE PRIVATE LIMITED [Active] CIN = U15100MH2021PTC353283

Company & Directors' Information:- D. B. HEALTHCARE PRIVATE LIMITED [Active] CIN = U33205MH2014PTC253439

Company & Directors' Information:- K S V HEALTHCARE PRIVATE LIMITED [Active] CIN = U85195HR2011PTC043767

Company & Directors' Information:- B M P C DRUGS PVT LTD [Under Liquidation] CIN = U24232WB1969PTC027512

Company & Directors' Information:- N M HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110MH2000PTC125392

Company & Directors' Information:- T K HEALTHCARE (INDIA ) PRIVATE LIMITED [Strike Off] CIN = U85190MH2003PTC139346

Company & Directors' Information:- A R HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110CH2013PTC034820

Company & Directors' Information:- I P HEALTHCARE PRIVATE LIMITED [Active] CIN = U24239DL2003PTC121211

Company & Directors' Information:- A 2 Z HEALTHCARE PRIVATE LIMITED [Active] CIN = U85100DL2010PTC208860

Company & Directors' Information:- K. D. HEALTHCARE INDIA PRIVATE LIMITED [Strike Off] CIN = U85100DL2015PTC281658

Company & Directors' Information:- R A DRUGS PVT LTD [Strike Off] CIN = U24232CH1988PTC008291

Company & Directors' Information:- A P HEALTHCARE PRIVATE LIMITED [Active] CIN = U24230MH1999PTC122520

Company & Directors' Information:- P K DRUGS PVT LTD [Strike Off] CIN = U24200TG1988PTC008217

Company & Directors' Information:- K Y O S HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U51397HP2010PTC031280

Company & Directors' Information:- R P DRUGS PVT LTD [Strike Off] CIN = U24231DL1977PTC008703

Company & Directors' Information:- Z F HEALTHCARE PVT. LTD. [Active] CIN = U29295MH2006PTC164255

Company & Directors' Information:- K. B. B. K. HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110RJ2013PTC041465

Company & Directors' Information:- T.H.E. HEALTHCARE COMPANY PRIVATE LIMITED [Strike Off] CIN = U33111MH2012PTC229451

Company & Directors' Information:- J S B HEALTHCARE PRIVATE LIMITED [Active] CIN = U74120MH2013PTC248848

Company & Directors' Information:- G M DRUGS PRIVATE LIMITED [Strike Off] CIN = U24232UP2001PTC026114

Company & Directors' Information:- J S D HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U74120UP2011PTC046578

Company & Directors' Information:- S V T HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U85100TZ2009PTC015287

Company & Directors' Information:- A. V. DRUGS PRIVATE LIMITED [Active] CIN = U24231JK1980PTC000462

Company & Directors' Information:- A N S HEALTHCARE PRIVATE LIMITED [Active] CIN = U85100HP2011PTC031745

Company & Directors' Information:- J M HEALTHCARE PRIVATE LIMITED [Active] CIN = U24230CH2007PTC030943

Company & Directors' Information:- P R HEALTHCARE PRIVATE LIMITED. [Strike Off] CIN = U24231DL2003PTC120123

Company & Directors' Information:- R S M HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U24232DL2005PTC136255

Company & Directors' Information:- S N DRUGS PRIVATE LIMITED [Strike Off] CIN = U24232DL2008PTC186129

Company & Directors' Information:- A D DRUGS PRIVATE LIMITED [Strike Off] CIN = U24297DL2012PTC240610

Company & Directors' Information:- M H HEALTHCARE PRIVATE LIMITED [Active] CIN = U74999DL2016PTC289311

Company & Directors' Information:- N T HEALTHCARE PRIVATE LIMITED [Active] CIN = U85100DL2012PTC241304

Company & Directors' Information:- R A HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U85190DL2009PTC188221

Company & Directors' Information:- G & G HEALTHCARE PRIVATE LIMITED [Active] CIN = U51397HR2015PTC057293

Company & Directors' Information:- P D HEALTHCARE PRIVATE LIMITED [Active] CIN = U24230GJ2004PTC045131

Company & Directors' Information:- J. R. DRUGS PRIVATE LIMITED [Strike Off] CIN = U24230GJ2012PTC069566

Company & Directors' Information:- L. V. G. HEALTHCARE PRIVATE LIMITED [Active] CIN = U24233GJ2006PTC047749

Company & Directors' Information:- B A B DRUGS LTD [Strike Off] CIN = U24232WB1987PLC042646

Company & Directors' Information:- S H G HEALTHCARE PVT LTD [Strike Off] CIN = U85110WB1989PTC047231

    Crl.O.P.No. 11107 of 2017 & Crl.M.P. Nos. 7342 & 7343 of 2017

    Decided On, 22 June 2017

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE R. MAHADEVAN

    For the Petitioners: T.D. Selvan Babu, Advocate. For the Respondent: C. Emalias, Additional Public Prosecutor.



Judgment Text

(Prayer: Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in C.C.No.55 of 2017 pending on the file of the Court of Chief Judicial Magistrate, Thiruvallur and quash the same.

1. This Criminal Original Petition to quash the proceedings in C.C.No.55 of 2017 pending on the file of the Court of Chief Judicial Magistrate, Thiruvallur.

2. It is stated in the affidavit filed in support of this petition that the first petitioner is the manufacturer of drugs and pharmaceuticals for the last several years with valid manufacturing licenses issued by the Drugs Controller of Himachal Pradesh State. The petitionercompany follows Good Manufacturing Practices (GMP) Standards for its manufacturing unit. The respondent allegedly drew a sample of DEFLAWIN (Deflazacort Tablets 6mg) manufactured by the petitionercompany for analysis from M/s.Sri Devi Medical Distributors Pvt. Ltd., Alapakkam, Porur, Chennai on 30.09.2015 and sent the same for analysis to the Government Analyst, Drugs Testing Laboratory, Chennai, who, by Report bearing No.04803-D/2015-16 dated 28.06.2016 declared the sample as 'not of standard quality' for the reason that the sample does not conform to label claim with respect to the content of Deflazacort (5.25%) as defined in the Drugs and Cosmetics Act, 1940 and the rules thereunder, as it is a violation of Section 18(a)(i) of the Drugs and Consmetics Act 1940 and Rules 1945. A show cause memo dated 30.06.2016 was issued to M/s.Sri Devi Medical Distributors Pvt.Ltd, asking why action should not be taken against them and also requesting them to disclose the name and address of the person from whom the subject drug was procured, as per Section 18A of the Drugs and Cosmetics Act, 1940, for which a reply was sent by M/s.Devi Medical Distributors Pvt.Ltd., stating that they have purchased the said drug from the first petitioner herein. Further the respondent issued a show cause memo dated 04.07.2016 to M/s.MMC Healthcare Limited asking why action should not be taken for contravention of Section 18(a)(i) of the Act for having stocked and sold the subject drug which is not of standard quality, and also requesting them to furnish the name and address of the person from whom the subject drug was purchased for which they received a reply from M/s.MMC Healthcare Limited that the said batch of drug was purchased from the first petitioner herein. By show cause notices dated 21.07.2016 and 22.08.2016, the respondent asked the first petitioner as to why action should not be taken for contravention of Section 18(a)(i) of the Act for having manufactured the said drug for sale and distribution, without standard quality. The petitioners also sent a reply dated 01.09.2016 stating that the drug is a 'Patent and Proprietary Medicine' and the manufacturer's method of analysis has to be followed and that the sample analysed as per the method of analysis of the first petitioner passes all the tests. Relevant Analysis Reports have been enclosed along with the said communication. They also requested the respondent to send the fourth portion of the sample to Central Drugs Laboratory, Kolkata along with the method of analysis sent by the first petitioner and also intimated that the petitioners intend to adduce evidence to that effect. Having not satisfied with the said reply, the respondent proceeded to file the impugned complaint before the Chief Judicial Magistrate, Thiruvallur, by concluding that the petitioners have contravened the provisions of law.

3. It is also stated that the respondent has caused the Court sample portion of the drug DEFLAWIN (Deflazacort Tablets 6mg) manufactured by the first petitioner, to the Central Drugs Laboratory, Kolkata for analysis under Section 25(3) of the Act and a report dated 21.04.2017 was received stating that the sample conforms to claim with respect to Assay of 'Deflazacort'. Stating that the conclusion arrived at by the Central Drugs Laboratory, Kolkata is conclusive and binding on the parties and no offence under Section 27(d) of the Act is made out, the petitioners have come up with the present Criminal Original Petition to quash the impugned proceedings.

4. The learned counsel for the petitioners submit that the complaint filed by the respondent has become infructuous in the light of the report dated 21.04.2017 obtained by the Court below under Section 25(4) of the Act, from the Director of Central Drugs Laboratory, Kolkata, stating that the sample conforms to claim with respect to Assay of 'Deflazacort' which is conclusive and binding on the parties. He also relied on a decision of this Court dated 19.12.2016 made in Crl.O.P.No.26483 of 2016, in support of his contention.

5. Mr.C.Emalias, learned Additional Public Prosecutor, takes notice for the respondent.

6. Heard the learned counsel on either side and perused the materials available on record.

7. The order dated 19.12.2016 made in Crl.O.P.No.26483 of 2016 was passed by me, in a similar circumstance. The respondent therein forwarded one sample of Bro-Mycodex Syrup from a store to the Government Analyst (Drugs), Drug Testing Laboratory, Chennai and after analysis, it was reported that the sample was not of standard quality as defined under the Drugs and Cosmetics Act and the Rules framed therein for the reason that the Assay of Terbutaline Sulphate is less than the limit as claimed in the label. The said report was controverted by the petitioners therein within the stipulated period of 28 days, stating that the sample of the subject drug tested by the petitioners was found to be of standard quality. Thereafter, the sample was tested by the Central Drug Laboratory, Calcutta and the same was found to be of standard quality. It was held by this Court that since the report of the Central Drug Laboratory, Calcutta clearly shows that the sample is of standard quality, the allegations and averments levelled against the petitioners therein fails to disclose any cognizable offence and hence the continuation of the proceedings will be nothing but an abuse of process of law, which leads to unwanted harassment to the petitioners therein. Holding so, the impugned proceedings was quashed.

8. The facts and circumstances prevailed in the referred case, squarely applies to the facts and circumstances of the present case, as in the present case, the report of the Government Analyst, Drugs Testing Laboratory, Chennai, was c

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ontroverted by the petitioners within the stipulated period of 28 days. Further, the report of the Central Drug Laboratory, Kolkata shows that the sample is of standard quality. Hence the allegations and averments levelled against the petitioners herein fails to disclose any cognizable offence and hence the continuation of the proceedings will be nothing but an abuse of process of law, which leads to unwanted harassment to the petitioners herein. 9. In view of the above reasons, the proceedings in C.C.No.55 of 2017 on the file of the Court of Chief Judicial Magistrate, Thiruvallur is quashed and the Criminal Original Petition is allowed. Consequently, the connected miscellaneous petitions are closed.
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