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Showing contexts for: AMROHA in Supermax Drugs And Pharmaceuticals Pvt ... vs State Of U.P. And Another on 6 May, 2025Matching Fragments
1. Heard Sri Akhilesh Chandra Shukla, learned counsel for the applicants and Sri S.K. Singh, learned A.G.A. for the State.
2. This is an application under Section 528 of BNSS preferred by the applicants for quashing the summoning order dated 28.08.2024 passed by Chief Judicial Magistrate Amroha in Complaint Case No.9521 of 2024 U/s 18(a) (i)/27 (d) of Drugs and Cosmetic Act 1940 P.S. Gajraula, District Amroha and order dated 03.09.2024 passed by District Judge transferring the case to Additional Session Judge, pending in court of Additional Session Judge 1st Amroha.
5. With the consent of the parties, the application is being decided at the fresh stage.
6. The case of the applicants, who are five in number, is that the applicant no.1 is a Private Limited Company, which is engaged in manufacturing of pharmaceuticals and drugs and it possesses a statutory license under Form-28 issued by the authorities under Drugs and Cosmetics Act, 1940. According to the applicants, a surprise inspection took place in the premises of M/s Pasha Medical Store, District Amroha on 05.09.2023 by a team of officials under the Drugs and Cosmetic Act including O.P. No.2, Drug Inspector, Amroha, wherein samples of four drugs/ pharmaceuticals were taken on 05.09.2023 from the proprietor of Pasha Medical Store and proceedings for payment of fair price and receipts and drawing of samples and filling up of Form-17 and 17-A was done. However, the proprietor of the Firm M/s Pasha Medical Store did not receive the payment, which was sought to be offered from the sample, which was drawn. The samples so collected on 05.09.2023 was sent to Government Analyst, U.P. Lucknow which was received by the Government Analyst U.P. Lucknow on 13.10.2023, according to which the sample being Amoxycillin capsules IP 500 mg of the subject batch had the manufacturing date January 2023 and expiry December 2024 and after necessary tests, it was found as under:-
Assay- Content of Amoxycillin: 82.31% w/w of stated amount of drug in each capsule of average weight content (Limit 90% to 110%) The sample does not confirm to IP in respect of content of Amoxycillin.
7. Consequent to the receiving of the test report dated 04.11.2023, a notice was issued to the M/s Pasha Medical Store, Amroha seeking details of the seller of the said medicine. M/s Pasha Medical Store on 08.12.2023 apprised the authorities that the said drug was purchased from M/s Dashmesh Distributors Pvt. Ltd. A notice was thereafter issued to M/s Dashmesh Distributors Pvt. Ltd., who in turn on 17.1.2024 apprised the authorities that the said drug was purchased from M/s Jupiter Health Healers, Delhi. A notice is stated to have been issued to Jupiter Health Healers, Delhi who apprised that the said drug was supplied by the applicant no.1. On 14.03.2024, the O.P. No.2 issued notice to applicant no.1 accompanied with the report as well as the samples and sought certain information. On the receipt of the said notice, on 12.04.2024, a request was made by the applicant company mentioning therein that they were not satisfied with the Government Analyst, U.P. at Lucknow and the sample be sent for analysis to Central Laboratory along with deposit of the money. The Central Drugs Laboratory by virtue of its report opined that the sample does not confirm to IP with respect to Assay/content of Amoxycillin. Thereafter on 28.08.2024, a complaint stood lodged by O.P. No.2 against the applicants under Section 18(a)(i)/27(d) of the Drugs and Cosmetics Act, 1940. On 28.08.2024, the CJM, Amroha in Case no.9521 of 2024, State Vs. Supermax Drugs and Pharmaceuticals Pvt. Ltd. and others proceeded to summon the applicants under Section 18(a)(i)/27(d) of the Drugs and Cosmetics Act, 1940. On 03.09.2024, an order came to be passed by the District Judge, transferring the case to the Court of Addl. Sessions Judge-I, Amroha.
26. Accordingly, the application is allowed. The summoning order dated 28.08.2024 passed by Chief Judicial Magistrate Amroha in Complaint Case No.9521 of 2024 U/s 18(a) (i)/27 (d) of Drugs and Cosmetic Act 1940 P.S. Gajraula, District Amroha and order dated 03.09.2024 passed by District Judge transferring the case to Additional Session Judge, pending in court of Additional Session Judge 1st Amroha are set aside. The matter stands remitted back to the court below to pass a fresh order strictly in accordance with law for facilitating the fresh exercise, the parties shall file a certified copy of the order before the court below by 23.05.2025.