( 1 ) PETITIONER, Nicholas Piramal India Ltd. , arrayed as accused no. 5 in the complaint lodged by the respondent under section 18 (a) (i) read with section 27 (c), Drugs and Cosmetics Act, 1940 seeks quashing of the summoning order dated 18. 12. 2003.

( 2 ) FACTS in brief are that on 21. 9. 2000, a sample of drug known as Erythromycin Estolate Oral Suspension usp (60 ml) batch No. 1028, with manufacturing date August, 2000 and expiry date November, 2002 was collected by the Drug Inspector (complainant) from the premises of Sarvanand hospital in the presence of the proprietor of the hospital.

( 3 ) ON 21. 9. 2000, one sealed sample portion of the said drug was forwarded to the Government Analyst, central Indian Pharmacopoeia Laboratory, Ghaziabad, U. P.

( 4 ) ON analysis the sample of the drug was found to be not of standard quality.

( 5 ) THE manufacturing firm in its letter dated 7. 11. 2001 stated that it did not accept the Government Analyst's report and intend to adduce evidence in controversion of Government Analyst's report as provided under Section 25 (3) of the act and requested that sample be sent to Central Drugs Laboratory, kolkata for re-tes