Patna High Court - Orders
Torrent Pharmaceuticals Ltd Through ... vs The State Of Bihar on 2 July, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27664 of 2025
Arising Out of PS. Case No.-7 Year-2022 Thana- MUZFFARPUR COMPLAINT CASE
District- Muzaffarpur
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1. Torrent Pharmaceuticals Ltd. through authorized signatory namely
Hemal Patel @ Hemal Govindbhai Patel Having its registered office at
Torrent House, Off. Ashram Road, Ahmedabad 380009, Gujarat, India
male aged about 52 years represented through the authorized signatory
namely Hemal Patel@ Hemal Govindbhai Patel, S/o-late govindbhai,
working for gains as General Manager (Public Relation) in Torrent
Pharmaceuticals Limited, Address- Torrent House, Off. Ashram Road,
Ahmedabad -Pin Code-380009, Gujarat
2. Mr. Samir Uttamlal Mehta Managing Director of M/s. Torrent
Pharmaceuticals Limited, having its registered office at Torrent House,
Off. Ashram Road, Ahmedabad-380 009, Gujarat, India
3. Mr. Sudhir Uttamlal Mehta Erstwhile Director of M/s. Torrent
Pharmaceuticals Limited, having its registered office at Torrent House,
Off. Ashram Road, Ahmedabad-380 009, Gujarat, India
4. Mr. Jinesh Dushyant Shah Erstwhile Director of M/s. Torrent
Pharmaceuticals Limited, having its registered office at Torrent House,
Off. Ashram Road, Ahmedabad-380 009, Gujarat, India
5. Mr. Sudhir Menon Chief Financial Officer of M/s. Torrent
Pharmaceuticals Limited, having its registered office at Torrent House,
Off. Ashram Road, Ahmedabad-380 009, Gujarat, India
6. Mr. Mahesh Kumar Agrawal Erstwhile Company Secretary of M/s.
Torrent Pharmaceuticals Limited, having its registered office at Torrent
House, Off. Ashram Road, Ahmedabad-380 009, Gujarat, India
... ... Petitioners
Versus
1. The State of Bihar
2. Drugs Inspector Muzaffarpur- 4, Office at Campus of RAD (Health),
Muzaffapur- 842002) Bihar
... ... Opposite Parties
Patna High Court CR. MISC. No.27664 of 2025(2) dt.02-07-2025
2/5
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Appearance :
For the Petitioner/s : Mr.Chitranjan Sinha, Sr. Advocate
Mr.Sumeet Kumar Singh, Advocate
Mr.Shivam Singh, Advocate
Mr.Kumar Vikram, Advocate
Mr.Akhilesh Singh, Advocate
Mr.SoumyadipGhorai, Advocate
For the Opposite Party/s : Mr.Anil Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 02-07-2025Heard learned counsel for the parties.
2. Mr. Chitranjan Sinha, learned senior counsel appearing for the petitioners submitted that petitioners Company namely, M/s Torrent Pharmaceuticals Limited through petitioner nos. 2 to 6, who are Managing Director, Director, Chief Financial Officer and Company Secretary doing its lawful business activities for manufacturing of the medicine having trade name "Tancodep" and "Tancodep- 2", where composition is of Imipramine Hydrochloride and Diazepam, which was banned by the Ministry of Health & Family Welfare, Govt. of India, New Delhi, and put into the category of prohibited drugs vide Gazette Notification No. CDSCO, S.O. 795(E) dated 10th March, 2016, which is mentioned in Sl. No. 186 of drug prohibited for manufacturing and sale through Gazette Notification under Section 26A of Drugs & Cosmetics Act, 1940. Patna High Court CR. MISC. No.27664 of 2025(2) dt.02-07-2025 3/5
3. It is submitted by Mr. Sinha that the aforesaid list was not approved by the Hon'ble Supreme Court through its judgment which is available through Union of India and Anr. Vs. Pfizer Limited and Others reported in (2018) 2 SCC 39.
4. In this context, Mr. Sinha referred para 36 of the aforesaid judgment of Hon'ble Apex Court, which reads as under:
"36. Insofar as the drugs that have been banned and which were manufactured pre-21-9-1988, a list of 15 such drugs has been given to us by Mr Kapil Sibal, learned Senior Counsel for the respondents. We set aside the Central Government notifications banning them as these cases were never meant to be referred to the Kokate Committee. It will be open, however, for the Central Government, if it so chooses, de novo, to carry out an inquiry as to whether such drugs should be the subject-matter of a notification under Section 26-A of the Drugs Act."
5. It is submitted by Mr. Sinha that in furtherance of the aforesaid judgment of the Hon'ble Supreme Court, the ban qua aforesaid prohibited drugs were withdrawn by the Director General of Health Service, vide notification dated 11th January, 2024, where at serial no. 1, the committee constituted for that purpose categorically recommended for manufacturing and marketing of the Fixed Dose Combination Patna High Court CR. MISC. No.27664 of 2025(2) dt.02-07-2025 4/5 (FDC). FDC shall be indicated for morbid anxiety condition and duration of the treatment should not be exceeded from six to eight weeks, as a condition imposed for continuing manufacturing of aforesaid drugs.
6. It is pointed out that in furtherance of aforesaid notification, the petitioner no. 1 granted license for manufacturing of "Tancodep" and "Tancodep-2", which is valid upto 31.12.2026.
7. While concluding argument, it is submitted by Mr. Sinha that in view of aforesaid no offence appears to be committed prima facie by the petitioners' company and its Managing Director/Director and other office bearers, and, therefore, the present impugned order taking cognizance qua petitioners dated 06.04.2022, passed in Complaint arising out of Complaint Case No. 07 of 2022, which is pending in the court of learned 1st Additional District & Sessions Judge-cum- Special Judge (Drugs and Cosmetics Act), Muzaffarpur is fit to be quashed/set aside in view of legal report of Hon'ble Supreme Court as available through State of Haryana v. Bhajan Lal [(1992) Supp (1) SCC 335].
Patna High Court CR. MISC. No.27664 of 2025(2) dt.02-07-2025 5/5
8. Considering the aforesaid submission of Mr. Sinha, let further proceeding qua petitioners in connection with Complaint Case No. 07 of 2022, which is pending in the court of learned 1st Additional District & Sessions Judge-cum- Special Judge (Drugs and Cosmetics Act), Muzaffarpur shall remain stayed till further order.
9. Let notice be issued to opposite party no. 2, who is the Drug Inspector, Muzaffarpur, by both modes, i.e. ordinary process as well as registered cover with A/D, for which requisites etc. must be filed within two weeks from today.
10. Re-notify this matter on 08.10.2025, position be retained.
(Chandra Shekhar Jha, J) Rajeev/-
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