M/S.Solamalai Enterprises, v. State Rep. by
Case brief
What is this about?
Three Criminal Original Petitions challenging criminal proceedings for alleged misbranding of drugs. The High Court declined to quash the proceedings, holding that drug packaging must strictly comply with labeling rules regardless of sales type, prioritizing consumer safety and statutory compliance over distributor arguments.
What the court decided
Crl.O.P.Nos.25565, 25566 & 24983 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.11.2023
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.Nos.25565, 25566 & 24983 of 2016
Crl.O.P.No.25565 of 2016
- M/s.Solamalai Enterprises, rep by its Managing Partner P.Pitchai Agent of Procter & Gamble Hygiene and Health Care Limited.
- P.Pitchai Managing Partner of M/s.Solamalai Enterprises. Agent of Procter & Gamble Hygiene and Health Care Limited. .... Petitioners Vs 1. State Represented by M.Marimuthu, Drugs Inspector, Coimbatore II Range, O/o. The Assistant Director of Drugs Control, Coimbatore Zone, 219, Race Course Road, Coimbatore – 18.
- M/s. Procter & Gamble Hygiene and Health Care Limited, Village Katha P.O.Baddi – 173205 Tehsil, Solan (HP). Shown as represented by Geetha Narayanan Operation Manager/Site Leader
Issues for consideration
3 issues framed by the court
Whether the placement of batch number, manufacturing date, and expiry date on individual strips rather than the outer carton packaging constitutes a violation of Rule 96-1(v) of the Drugs and Cosmetic
Whether the contended bona fide belief of the manufacturers regarding retail sales requirements justifies quashing criminal proceedings for alleged misbranding of drugs.
Whether customers' reliance on individual strips for drug particulars is contrary to the statutory mandate requiring labeling on every covering in which the container is packed.
Parties & counsel
- petitioner
M/s.Solamalai Enterprises
- petitioner
P.Pitchai
- respondent
State
- respondent
M/s. Procter & Gamble Hygiene and Health Care Limited
- respondent
Geetha Narayanan
- petitioner
Case details
As recorded by the court registry
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