SANJAY G RAVANKAR AND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THOUGH these petitions pertain to number of accused in different criminal cases launched by the State of Karnataka represented by Drugs Inspector, Uttara Kannada District, Karwar, as the offence alleged against the accused petitioners are common and grounds raised and the questions of law involved are one and the same, all these petitions were taken up for consideration together and are being disposed of by this Common Order.

(2.) IN all these cases, the manufactures of FRATOUCH-Framacytin Sulphate 1% w/w, partners, chemists, analysts and distibutrors have been arrayed as accused by the State in the individual Complaints filed under Section 200, Cr. P. C. inter alia alleging offences in common against all the petitioners of the offence under Section 18 (a) (i) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as 'act') for the manufacture, sale and distibution of spurious of sub-standard Drug Punishable under Section 27 (c) and (d) of Act as well as for the violation of Section 18 (a) (vi) r/w Rule 78 (c) (ii) again punishable under Section 27 (d) of the Act.

(3.) IT is case of the Complainant State that these accused who are manufcaturers, analysts and distibutors of the company of partnership firm as well as its partners and directors and in charge officials manufacturing Patent or Proprietary medicine called as 'fratouch' a Framacytin Sulphate based skin cream, on suspicion that this cream is either spurious drug or substandard one, the same came to be seized and was subject to laboratory testing by Government analysts. As per the report of the Analysts, the cream contained Neomycin instead of Framacytin as claimed and it was opined by the expert that it is both sub-standard and spurious drug as defined under Section17 (B) and (D) of the Act and hence the present prosecution.