M/S.J.M.L. Laboratories vs The State Of Andhra Pradesh
2022 Latest Caselaw 5948 AP

Citation : 2022 Latest Caselaw 5948 AP
Judgement Date : 5 September, 2022

Andhra Pradesh High Court - Amravati

M/S.J.M.L. Laboratories vs The State Of Andhra Pradesh on 5 September, 2022

           HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE No: Crl.P.No.6910 of 2022

                             PROCEEDING SHEET

SL.    DATE                                 ORDER                                OFFICE
NO.                                                                               NOTE
 2.   05.09.2022 NJS, J

                                      I.A.No.2 of 2022
                          Heard the learned counsel for the petitioners and
                 learned Assistant Public Prosecutor appearing for the
                 respondents.

Learned counsel for the petitioners, inter alia, contends that the respondents have not adhered to the procedure contemplated under Section 23(4)(iii) of the Drugs and Cosmetics Act, 1940, and therefore, the proceedings initiated against the petitioners are liable to be quashed. In support of his submission, the learned counsel places reliance on the judgment of the Hon'ble Supreme Court reported in Laborate Pharmaceuticals India Ltd., vs. State of Tamil Nadu, (2018) 15 SCC 93.

Learned Assistant Public Prosecutor, on the other hand, states that the Authorities have complied with the requirements of law and issued notices to the Agency, which was supplied the drug, as also to the 1st petitioner. It is also his submission that despite issuance of notice, the petitioners had not availed the opportunity and not sought for the sample for analysis.

 SL.   DATE                               ORDER                            OFFICE
NO.                                                                        NOTE

This Court has considered the submissions and prima facie this Court is of the opinion that in view of the decision of the Hon'ble Supreme Court referred to supra, the duty is cast on the Authorities/Department to send a portion of the sample to the manufacturer, which appears to have not been done in the present case. However, the matter needs to be further examined, after filing the counter.

List the matter after four (4) weeks for filing counter in the main case.

In the meanwhile, there shall be interim stay of all further proceedings in P.R.C.No.45 of 2022 on the file of the Court of the learned II Additional Chief Metropolitan Magistrate, Visakhapatnam, in so far as the petitioners/A.1 to A.6 are concerned.

_____ NJS,J