Bombay High Court
M/S. Quixotic Healthcare And Others vs The State Of Maharashtra And Anr on 2 July, 2019
Author: V.L. Achliya
Bench: V.L. Achliya
Cr.WP 878/19
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
934 CRIMINAL WRIT PETITION NO.878 OF 2019
M/S. QUIXOTIC HEALTHCARE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Petitioners : Smt.Rashmi Kulkarni h/f Shri
Kulkarni Sanket S.
APP for Respondents: Shri A.P. Basarkar
CORAM: V.L. ACHLIYA, J.
DATE: 02.07.2019
PER COURT :
1] The petitioners have filed this petition
challenging the order of issuance of process with a
consequential relief to quash and set aside the
proceedings challenged by way of this petition.
2] In brief, it is the contention of learned
counsel for the petitioners that while passing the order
of issuance of process, the learned Magistrate has failed
to take into account the mandatory requirement of law as
provided u/s 25(4) of the Drugs and Cosmetics Act. It is
submitted that the complaint was filed when the drug was
due for expiry. Despite request made to refer the fourth
sample of drug to Central Laboratory for analysis, it was
not referred by the concerned authority and thereby
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Cr.WP 878/19
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defeated the statutory right of the petitioners.
3] Considering the submissions advanced, I am of
the view that the matter requires due consideration.
Hence, I pass the following order.
O R D E R
A] Issue notice to respondents returnable on 29.7.2019.
B] Learned APP accepts the notice for the respondent nos.1 & 2.
C] The trial Court is directed to defer the hearing of the case till 29.7.2019.
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