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This Criminal Petition is filed seeking to quash the
proceedings against the petitioners in C.C.No.3071 of 2019 on
the file of the learned II Additional Junior Civil Judge-cum-VI
Additional Judicial Magistrate of First class, Medchal –
Malkajgiri District at L.B. Nagar, registered for the offences
punishable under Section 18(b) and 18(c) read with 105 of the
Drugs and Cosmetics Act, 1940.
2. The brief facts of the case are that the complainant, is a
Drugs Inspector appointed by the Government of Andhra
Pradesh under Section 21 of the Drugs and Cosmetics Act,
1940, with statewide jurisdiction and empowered to launch
prosecutions under Section 32 of the Act. On 28.10.2015,
based on credible information, he along with LW2, LW4, and
LW5 inspected the premises of M/s Sun Pharmaceutical
Industries Ltd at Uppal, where LW3, the competent person of
the firm, was present. During the inspection, they found
19,200 vials of FENAK 30ml (Diclofenac Sodium Injection I.P.)
SKS,J
in multiple-dose vials, which is prohibited under Section 18(b)
and 18(c) read with Rule 105 as per Gazette Notification
G.S.R. 558(E) dated 17.07.2015 of the Ministry of Health &
Family Welfare, Government of India. The stock was seized
under proper Panchanama and Form-16, and the seizure was
reported to the III MM, L.B. Nagar, Hyderabad.
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