- (1.) THE above three petitions have been taken up together as relief claimed in all these petitions is similar. However, for convenience sake facts have been taken from CRM -M -21819 of 2013.
(2.) A complaint bearing No.36 dated 21.3.2011, under Section 18 (a) (i) read with Section 17 -B and punishable under Section 27 (c) of Drugs and Cosmetic Act, 1940 (for short, 'the Act') was filed against the petitioners in the Court of Chief Judicial Magistrate, Moga, wherein summoning order dated 21.3.2011 (Annexure P/3) was passed against them. The said order was challenged in revision before the learned Additional Sessions Judge, Moga, but the revision petition was dismissed vide order dated 4.2.2013 (Annexure P/4).
(3.) THE facts leading to the filing of criminal complaint against the petitioners, in brief, are that on 17.6.2004, the Drug Inspector, Ludhiana inspected the the sale premises of M/s Kataria Medical Store, Near Bus Stand, Moga and took sample of two drugs, namely, Floxip 500 Tablets in blister pack and Amyclox - LB Capsules in blister pack. The batch number of Amyclox -LB was AML -1013 with date of manufacturing as September, 2003 and date of expiry as February, 2005 printed on the pack. This medicine was manufactured by M/s Surya Pharmaceutical Limited, 87, HPSIDC, Industrial Area, Baddi, District Solan, Himachal Pradesh. The sample of Amyclox -LB was sent to the Government Analyst, Punjab, Chandigarh and was found containing 217.07mg/Cap. against the claim of 250mg/Cap. The contents of Cloxacillin found 146.19mg/Cap. against the claim of 250mg/Cap. After completing all the formalities of issuing show cause notice firstly to the medical store and then to the distributor, dealer and manufacturer, this complaint was filed on 21.3.2011.;