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This Criminal Original Petition has been filed to quash the proceedings in S.C.No.163 of 2021 on the file of the I Additional Sessions Judge, Thiruvallur.

2. The short facts necessary to dispose the case are as follows:-

The petitioner is the proprietor of M/s.Emkay Bio Products, manufacturing drugs. The respondent has lodged a complaint under Section 32 of the Drugs and Cosmetics Act, 1940 for the alleged contravention of Sections 18(a)(i) r/w Section 17-B (d) punishable under Section 27(c) of the Drugs and Cosmetics Act, 1940. After complaint, the trial has taken cognizance in S.C.No.163 of 2021. As per the allegations made in the complaint, the Senior Drugs Inspector, Tiruvallur had collected a sample drug CEPE (Phenylephrin Hydrochloride, https://www.mhc.tn.gov.in/judis Chlorpheniramine Maleate and Paracetamol Suspension) manufactured by the petitioner namely Emkay Products for analysis from M/s.Modern Medicals, Poonamallee, Chennai, under Form 17 dated 19.02.2020. The sample was sent to the Government Analyst (Drugs), Drugs Testing Laboratory, Chennai under Form 18 dated 19.02.2020, wherein the subject drug was declared as “not of standard quality” by the Government Analysis, DTL, Chennai, through its report in Form No.13 dated 27.04.2020.

7. According to the petitioner, since there is a delay in sending the https://www.mhc.tn.gov.in/judis drugs to the Central Drugs Laboratory, the small percentage which would caused delay in sending the sample and also for lack of storage condition. As per the Government Analyst report, the date of manufacturing of CEPE (Phenylephrine Hydrochloride, Chlorpheniramine Maleate and Paracetamol Suspension) is on September 2019 and the date of expiry is August 2021. But the Central Drugs Laboray test was conducted before the expiry date i.e, between 16.08.2021 and 25.08.2021. Therefore, the contention of the petitioner that due to fag end of the self-line expiry test was conducted, thereby there is a small fraction of 7.32% cannot be accepted because as per the manufacturing expiry date is only August 2021. Whether any chances for the above said fraction due to lack of storage and the fag end of the self-line expiry date also to be decided by the Court after elaborate evidence and not through this petition.