SBS Biotech & Others Vs State of Himachal Pradesh (Supreme Court of India)
Supreme Court held that no Court inferior to Court of Sessions shall try an offence punishable under Chapter IV of the Drugs and Cosmetics Act, 1940. Accordingly, High Court rightly dismissed petition filed u/s. 482 for quashing of complaint. Thus, present appeal stands dismissed.
Facts- The Appellant No. 1, M/s SBS Biotech, is a partnership firm engaged in the manufacturing of pharmaceutical preparations. An inspection of the firm’s premises conducted by the Drug Inspector on 22.07.2014. During this inspection, it was alleged by the Respondent that the firm had not maintained the requisite records as stipulated by Schedule-M and Schedule-U of the Rules. Specifically concerning the drug Pseudoephedrine B. No. 503413, inadequate details regarding the entry of the drug received from Neha Pharma Pvt. Ltd. were noted, and the firm failed to produce consumption records.
A re-inspection of the manufacturing premises was conducted on 05.08.2014. It was observed that the firm had neither submitted a reply nor produced the complete record as directed. During this re-inspection, it was alleged that huge discrepancies were found in the record of manufacturing, testing, and distribution. Allegations were made that the record was tampered with at certain places, including misleading entries and corrections made with fluid.
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