ORDER

Kailash Chandra Joshi, J.—This criminal misc. petition has been filed under section 482 Cr.P.C. by 12 petitioners named in the criminal misc. petition, as partners of Firm M/s Talent Gujarat, Kohinoor Industries Compound, Ahmedabad. Except petitioner No.6, who is the manufacturing Chemist Firm M/s Elite Pharma Pvt. Ltd., Ahmedabad.

2. The short facts giving rise to this Cri. Misc. petition are that the Drug Inspector Mr. Rajesh Verma inspected the firm of present non-petitioner No.2 Smt. Nidhi, w/o Mr. Deepak Ganatra, on 12.05.1997in the presence of present non-petitioner No.4 and took the sample of Lorazepam Tablet. The information in Form No.17 was given and drug was purchased through Bill No.5388 dated 12.05.1997. The sample was divided into 4 equal quantity and same were sealed and one part of the sample was sent to the Government Analyst, Jaipur vide memorandum dated 13.05.1997 for chemical analysis and the Public Analyst, after examining the sample, sent the report in Form No.13 vide letter dated 02.03.1998. The drug inspector sent the copy of the report of the analysis to non-petitioner No.4 vide his letter dated 09.03.1999 which was given dasti to non-petitioner No.4 on 10.03.1998 and called for the record with regard to sale /purchase of the said medicine and also asked for recalling the distributed /sold stock. Again reminder was sent for non-compliance and, thereafter, the Drug Controller directed the Drug Inspector to collect all necessary documents of manufacturing Firm M/s Talent Gujarat, Ahmedabad.

3. The Assistant Drug Controller, Jodhpur vide his letter dated 01.12.1998 accorded his sanction to prosecute Firm M/s Medisons, Opp. M.G. Hospital, Jodhpur. After completing all the above formalities, the Drug Inspector filed a complaint against petitioners, along with non-petitioner No.2 to 4, in the court of learned Addl. Chief Judicial Magistrate No.3, Jodhpur on 01.08.1999. The learned trial court, after taking cognizance, summoned all the petitioners . The summons were issued by the learned trial court on 03.05.2000 and same were served on the petitioners and the present petitioners appeared before the learned trial court on 28.06.2000. Due to the service of the process, much after the expiry of the date of the product, i.e. 1/2000, the petitioners have been deprived of an important and valuable right to get the sample reanalyzed by the Central Drugs Laboratory under section 25 (3) of the Drugs and Cosmetics Act 1940 (hereinafter referred to as ‘the Act’) and due to this, inordinate delay in filing the prosecution and issuing the process by the learned trial court, the right conferred on the petitioners under section (3) of Section 25 of the Act of 1940 have been deprived. Therefore, by way of this cri. misc. Petition, the petitioners have prayed to quash or set aside the proceedings in Cri. Case No. 194/1999 State vs. Smt. Nanda Devi & Ors., pending in the court of learned Addl. Chief Judicial Magistrate No.3, Jodhpur qua the present petitioners.

4. Heard learned counsel for the petitioners, the learned public prosecutor and the learned counsel for non-petitioners No. 2 to 4. Counsel for the petitioner contended that PW/1 Rakesh Verma was examined by the trial court and in cross examination he admitted that he did not sent copy of the Public Analyst’s report to the manufacturing company and even he did not sent the part of the sample to the manufacturing company and there is no document available on record which shows that the copy of the analysis report was sent to the manufacturing company. In view of the admission of PW/1 Rakesh Verma, in cross-examination, and in the absence of any document available on record, the prosecution against the present petitioners is bad in the eye of law, because where such a valuable right has been infringed by the prosecution, the prosecution amounts to abuse of the process of law and the same is required to be quashed, while exercising the inherent powers conferred unde