[Cites 4, Cited by 0]
Madras High Court
M/S. Themis Medicare Ltd vs State Represented By on 12 March, 2026
Author: M.Nirmal Kumar
Bench: M. Nirmal Kumar
CRL OP No. 4871 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-03-2026
CORAM
THE HON'BLE MR JUSTICE M. NIRMAL KUMAR
CRL OP No. 4871 of 2026
and Crl.M.P.No.3526 of 2026
1. M/s. Themis Medicare Ltd
Sector 6A, Plot No.16,17 and 18,
IIE, SIDCUL, Haridwar - 249403,
Uttarakhand.
2. Dr.Sachin Dineshbhai Patel
Managing Director,
M/s.Themis Medicare Limited,
Sector 6A, Plot No.16,17 and 18,
IIE, SIDCUL, Haridwar-249403,
Uttarakhand.
..Petitioner(s)
Vs
State Represented by
The Drugs Inspector,
Coimbatore North, I Range,
Office of the Assistant Director of Drugs Control,
Coimbatore Zone, 219, Race Course Road,
Coimbatore - 18.
..Respondent(s)
PRAYER – This Criminal Original Petition is filed under Section 528 of
BNSS, to call for records of the proceedings in CC.No.185/2025 pending on the
file of the Judicial Magistrate Court No.I, Coimbatore and quash the same or
pass such other order as this court may deem fit in the interest of justice, equity
and good conscience.
For Petitioner(s): Mr.K.P.Ananatha Krishna
For Respondent(s): Mr.Leonard Arul Joseph Selvam,
Additional Public Prosecutor
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CRL OP No. 4871 of 2026
ORDER
This Criminal Original Petition is filed to call for records of the
proceedings in CC.No.185/2025 pending on the file of the Judicial Magistrate
Court No.I, Coimbatore and quash.
2.The petitioner, accused in C.C.No.185 of 2025, had filed a quash
application primarily on the ground that as per Section 25(4) of the Drugs and
Cosmetics Act, 1940, the test or analysis report under the authority of Director
of Central Drugs Laboratory shall be conclusive evidence of fact stated
thereunder.
3.In this case, the Central Drugs Laboratory, Kolkata, has given a report
dated 10.06.2025, stating that “the sample conforms to I.P. with respect to the
test for ‘Dissolution’”. The respondent/Drug Inspector, on 05.03.2026, had filed
a memo confirming the same, which is extracted hereunder:
“The petitioner is the Drugs Inspector of Coimbatore
North I Range, duly appointed under Section 21 of the Drugs
and Cosmetics Act, 1940, and is authorized to file this
complaint under Section 32 of the said Act.
On 21.11.2023, the petitioner collected a statutory drug
sample of Drug CVL 6.25 (Carvedilol Tablets IP); BN:
CVB23003; MD: 03/2023; ED: 02/2026; Mfg by: Themis
Medicare Limited, Sector 6A, Plot No.16, 17 & 18, IIE,
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SIDCUL, Haridwar, Uttarakhand 249403. The sample was
drawn under Form 17 No.49707 and forwarded to the
Government Analyst, Chennai under Form 18. The initial
report from the Government Analyst, Chennai (Form 13
No.05233-D/2023-24 Dated: 23.01.2024) declared the drug
Not of Standard Quality for the reason that ‘the sample does
not conform to IP specification for Carvedilol Tablets with
respect to Dissolution’ under Section 18(a)(i) of Drugs and
Cosmetics Act, 1940. The matter was referred to the Hon’ble
Court, which ordered the second portion of the sample to be
sent to the Central Drugs Laboratory (CDL), Kolkata for
confirmatory analysis.
The CDL, Kolkata, vide report
No.2-1/2025-SS/CC-376/274 dated 10.06.2025 (Form 2),
confirmed that the sample was Standard Quality (SQ) and
the sample confirm to IP specification for Carvedilol Tablets
with respect to Dissolution’. As per Section 25(4) of the
Drugs and Cosmetics Act, 1940, the report of the Director,
CDL, is conclusive evidence of the facts stated therein.”
4.Following the same, the Judicial Magistrate – I, Coimbatore on
10.03.2026, had passed an order in Crl. M.P.No.2207 of 2026, dismissing the
case under Section 280 of BNSS Act, 2023, recording the memo and referring
to the report by the Central Drugs Laboratory, Kolkata, dated 10.06.2025. In the
result, the complaint was dismissed, acquitting the petitioners from the case.
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M.NIRMAL KUMAR, J.
GSA
5.Recording the above, this Criminal Original Petition is dismissed.
Consequently, connected Miscellaneous Petition is closed.
12-03-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
GSA
To
1.The Drugs Inspector,
Coimbatore North, I Range,
Office of the Assistant Director of Drugs
Control,
Coimbatore Zone, 219, Race Course Road,
Coimbatore – 18.
2.The Public Prosecutor,
Madras High Court.
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