Prayer
Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records pertaining in C.C. No.03 of 2008 on the file of the learned XV Metropolitan Magistrate, George Town, Chennai and quash the same.
The Drug Inspector, Park Town I Range, on 25.10.2005 conducted search and seized AMOXYCILLIN capsules manufactured by United Pharma Remedies from the traders M/s.Venus Agency, M/s.Ambica Parmceuticals and M/s.Vasant Pharma Traders and M/s.Mahaa Bio, Chennai.
- This Court allowed the quash petition and as on date, there is no complaint against the manufacturer. This petitioner who is arrayed as A7 is not the manufacturer, he is a seller of drug. Under Section 19 (3) of the Drugs and Cosmetics Act, 1940, a person, not being the manufacturer of a drug or cosmetic or his agent for the distribution thereof, shall not be liable for a contravention of Section 18 if he proves that he acquired the drug or cosmetic from a duly licensed manufacturer, distributor or dealer thereof and he is acted diligently without knowledge of the contravention of the provision.
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From the complaint, it is apparently seen that the petitioner is only a seller neither the manufacturer nor the agent of the manufacturer. When the case against the manufacture now been quashed, nothing survives in this petition. This quash petition is allowed at the SR stage itself. Consequently, connected Miscellaneous petition is closed.
PARTY: S.Manoj Kumar … Petitioner vs. State of Tamil Nadu Represented by its Drugs Inspector, Park Town I Range, Office of the Assistant Director of Drug Control, Zone -I, Chennai – 600 006 … Respondent – Crl.O.P.SR.No.44154 of 2023 and Crl.M.P.No.15145 of 2023 – 10.10.2023 – CORAM THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN.
https://www.mhc.tn.gov.in/judis/index.php/casestatus/viewpdf/1077651
