Drug manufacturer cannot be faulted with for not manufacturing the drug for which the standard is prescribed after the date of manufacture - Bombay High Court

N THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL WRIT PETITION NO. 912 OF 2022

1. Kirti Kumar Jayantilal Patel .. Age 59 years, Occ. Business,  R/o.7-8, Suraj Bungalow, . Opp. Pooj School, New Baroda Express, Highway, C.T.M. Char Rasta Ahmedabad-26 Managing Director of M/s. Shree Umiya Surgical Pvt. Ltd. Plot No.4704, GIDC, Phase-IV, Ahmedabad-382445.

2. Smt. Umaben Kirti Kumar Patel, Age.60 years, Occ. Business, R/o. 7-8, Suraj Bungalow, Opp. Pooj School, New Baroda Express, Highway, C.T.M. Char Rasta Ahmedabad-26 Managing Director of M/s. Shree Umiya Surgical Pvt. Ltd. Plot No.4704, GIDC, Phase-IV, Ahmedabad-382445.

3. M/s. Shree Umiya Surgical Pvt. Ltd. Plot No.4704, GIDC, Phase-IV, Ahmednabad-382445.

Versus

State of Maharashtra .. At the instance of Drug Inspector, Food and Drug Administration M.S. Nanded.                                                     Respondent

Mr.Shailendra S. Gangakhedkar, Advocate for the petitioners. Mr.P.N. Kutti, APP for the respondent/State. CORAM :

KISHORE C. SANT, J. RESERVED ON : 15.02.2023 PRONOUNCED ON : 31.03.2023

J U D G M E N T :-

Rule. Rule made returnable forthwith. The petition is taken up for final hearing at the stage of admission with consent of the parties.

02. This petition is filed by the Director and Managing Director of petitioner No. 3 – company having license to manufacture for sale (for distribution) of drugs specified in Schedule C, C(1) excluding those specified in Schedule-X under the license No.G/28/1329 issued by the Commissioner of Food and Drugs Control Administration, Gujarat State. The respondent is the State of Maharashtra through the Drug Inspector, Nanded, Food and Drug Administration, Maharashtra. A challenge in this petition is to an order of issuance of process dated 16.01.2006 passed by the learned Chief Judicial Magistrate, Nanded in a complaint in Special Case No.7 of 2015 (Old RCC No.12 of 2006)

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