M/S.Hindustan Syringes and Medical Devices Limited v. Drugs Inspector Nagercoil I Range

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Monday, the Seventh day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN in CRL.OP(MD)No.10379 of 2019

¶1M/s.Hindustan Syringes and Medical Devices Limited 174 , 178/25 , Ballabgardh, Faridabad , India-121004 Rep by its Senior General Manager Mr.Rajan Khosla.

2.Mr.Rajan Khosla

3.Mr.Rajiv Nath ... Petitioners/Petitioners

Vs Drugs Inspector Nagercoil -I Range O/o. the Drugs Inspector 23 G/2F , Hindu College Road Chettikulam Junction Nagercoil-629 002 ... Respondent/Respondent Prayer in CRL MP(MD). No.11086 of 2023 Criminal Miscellaneous Petition filed under section 482 of Cr.p.c to To recall the order passed by this Hon'ble Court in Crl.OP(MD)No.10379 of 2019 on

29.08.2022. Prayer in CRL OP(MD). 10379/ 2019 : To call for the records relating to the proceedings in connection with STC No. 105 of 2019 on the file of Learned Judicial Magistrate No. II, Nagercoil and Quash the same ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.M.Ashok Padmaraj Advocate for the Petitioner and of Mr.S.Manikandan Government (Crl.side ) this Court made the following order: This petition has been filed to recall the order passed by this Court in Crl.O.P

(MD).No.10379 of 2019 dated 29.08.2022.

¶2The main Criminal Original Petition was dismissed by this Court on

29.08.2022.

¶3The learned cousnel for the petitioners has brought to the notice of this Court that the factual mistake was committed by this Court that in the order it has been stated that the expiry period of the drug is October, 2023 and the order was passed in the year of August 2022 and the liberty was granted to the petitioners to workout their remedy as per Section 25(4) of the Drugs and Cosmetics Act.

¶4The learned counsel for the petitioner submitted that actually the expiry period of the drug even as per the case of the prosecution is October 2022 and not October 2023 and the same was also verified by the learned Additional Public Prosecutor.

¶5The learned Additional Public prosecutor appearing for the respondent submitted that the expiry period is October 2022.

¶6Since the factual mistake has been committed by this Court, the order passed in Crl.O.P(MD).No.10379 of 2019 dated 29.08.2022 is hereby recalled. Accordingly, this Criminal Miscellaneous Petition is allowed.

¶7Registry is directed to list the Crl.O.P(MD).No.10379 of 2019 for fresh hearing.

Sd/- Assistant Registrar(CS III) // True Copy // /01/2024 Sub Assistant Registrar (CS – I/ II / III /IV) TO

¶1The Judicial Magistrate No.II, Nagercoil.

¶2The Drugs Inspector Nagercoil -I Range O/o. the Drugs Inspector 23 G/2F , Hindu College Road Chettikulam Junction Nagercoil-629 002 .

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