M/S.Saphnix Life Sciences vs State Of Tamil Nadu
2022 Latest Caselaw 4859 Mad

                                                                    CRL OP(MD). No.4886 of 2019



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             Date : 10/03/2022

                                                  CORAM:

                                   The Hon`ble Mr.Justice G.ILANGOVAN

                                       CRL OP(MD)No.4886 of 2019
                                                  and
                                  Crl.M.P.(MD)No.3028 and 3029 of 2019


                     1.M/s.Saphnix Life Sciences,
                       Village Barotiwala,
                       Paonta Sahib, (H.P.)-173025
                       Represented by its Partner,
                       Sanjay Tanwar

                     2.Sanjay Tanwar,

                     3.Sadhu Ram(person responsible for the Firm)

                                                                          ... Petitioners

                                                   Vs

                     State of Tamil Nadu
                     represented by Drugs Inspector,
                     Kumbakonam-I Range (i/c),
                     Office of the Drugs Inspectors,
                     Room No.13, Salam Mansion,
                     27-B, Town extension,
                     mayiladuthurai-1.                   ... Respondent/Complainant

                     Prayer: Petition filed under Section 482 of Criminal Procedure
                     Code to call for the records in PRC No.61 of 2017 on the file of the
                     Court of Judicial Magistrate No.II, Kumbakonam and quash the
                     same.


                     1/4

https://www.mhc.tn.gov.in/judis
                                                                           CRL OP(MD). No.4886 of 2019



                                   For Petitioner   : Mr.C.Muthusaravanan

                                   For R1           : Mr.P.Kottaichamy
                                                      Government Advocate (Criminal)

                                                           ORDER

When the matter is taken up for hearing, the learned

Government Advocate (Criminal) has fairly submitted that the

sample that was sent to the Central Drugs Laboratory, Calcutta and

report has been received on 03.05.2018, opining that 'i)The sample

conforms to I.P with respect to “Assay /Content of

Methylprednisolone”. ii)The sample does not contain

'Prednisolone'(which is not claimed on the label) as confirmed by

identification test.'

2.The learned counsel for the petitioner would submit that in

view of the above said subsequent developments and the report of

the Central Drugs Laboratory, Calcutta, it prevails over the

analysis report which has been filed by the prosecution before the

trial Court and also relied upon the judgment of this Court reported

in 2016(2) Drugs Cases (DC)1 in Crl.O.P.No.26483 of 2016 in

the case of M/s.Res Sancta rep. By Rajeev Chauhan and others

Vs. State of Tamil Nadu.

https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4886 of 2019

3.In view of the above said developments and the judgment of

this Court, the continuation of prosecution in this case is not

required, as has been fairly submitted by the learned Government

Advocate (Criminal side).

4.Accordingly, this Criminal Original Petition stands allowed

and the proceedings pending on the file of the learned Judicial

Magistrate No.II,Kumbakonam, stands quashed. Consequently,

connected miscellaneous petitions are closed.

(G I J) 10.03.2022 Index ; Yes / No Internet : Yes / No

pnn

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1.The Drugs Inspector of police, Kumbakonam-I Range (i/c), Office of the Drugs Inspectors, Room No.13, Salam Mansion, 27-B, Town extension, mayiladuthurai-1.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4886 of 2019

G.ILANGOVAN,J

pnn

ORDER IN CRL OP(MD)No.4886 of 2019 and Crl.M.P.(MD)No.3028 and 3029 of 2019

Date: 10.03.2022

https://www.mhc.tn.gov.in/judis