C. B. HEALTHCARE, THROUGH ITS AUTHORIZED SIGNATORY SHRI ASHISH KUMAR vs UNION OF INDIA THROUGH DRUG INSPECTOR PUSHPRAJ KUMAR SINGH

Judgment text excerpt

cri wp 2777 of 2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2777 OF 2024 M/s. C.B.Healthcare and Ors. ... Petitioners versus Union of India … Respondent Mr. Nitin Bhasin with Mr. Vishal N. Nevshe, for Petitioners. Mr. Anilkumar Singh i/by Mr. D.P.Singh, for Respondent – Union of India. Mr. K.C.Shinde, APP for State. CORAM: N.J.JAMADAR, J. RESERVED ON : 11 DECEMBER 2025 PRONOUNCED ON : 24 MARCH 2026 JUDGMENT : 1. Rule. Rule made returnable forthwith, and, with the consent of the learned Counsel for the parties, heard finally. ARUN RAMCHANDRA SANKPAL 2. By this Petition under Article 227 of the Constitution of India, the Digitally signed by ARUN RAMCHANDRA SANKPAL Date: 2026.03.24 21:29:55 +0530 Petitioners seek to quash and set aside criminal prosecution initiated against the Petitioners in Special Case No.32 of 2021 before the Special Judge, Dadra and Nagar Haveli, Silvasa, for an offence punishable under Section 27(d) of the Drugs & Cosmetics Act, 1940 (the Drugs Act, 1940). 3. The background facts necessary for the determination of this Petition can be summerized as under : 3.1 The Petitioner No.1 is a Partnership firm. It is engaged in pharmaceutical manufacturing business. Petitioner Nos.2 to 5 are the SSP/ARS 1/30 cri wp 2777 of 2024.doc partners of Petitioner No.1. The Petitioner No.1 manufactures drugs at Baddi, District Solan, Himachal Pradesh. The Petitioner No.1 was holding a valid licence to manufacture FEXINOL-12 – Fexofenadine Hydrochloride Tablets IP. 3.2 Respondent-complainant is a Drugs Inspector appointed under the Drugs Act, 1940. Respondent claimed that, on 29 November 2016, he had visited and inspected the premises of Vinoba Bhave Civil Hospital’s Central Medical Store at Silvasa, and, drawn a sa