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AMIT SHARMA
M. K. Hameid – Appellant
Versus
State Thr. K T Raghu Kumar Drug Inspector – Respondent
JUDGMENT
Amit Sharma, J.
1. The present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC`) seeks quashing of CC no. 45/04 titled 'State through K.T Raghu Kumar Drugs Inspector vs. M/s Ishwar Pharma & Ors.` and all other consequential proceedings emanating therefrom, pending before the Court of the learned Metropolitan Magistrate, Rohini, Delhi, including the order dated 06.12.2010 (hereinafter referred to as 'impugned order`) by which the learned Metropolitan Magistrate has taken cognizance of offences under Sections 18(a)(i) and 27(d) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as 'the Act`) and summoned the accused persons including the petitioners herein.
1.1. It is noted that by separate judgments of the same date, this Court has disposed of similar petitions filed on behalf of the petitioners herein, in relation to separate complaints filed by the respondent with respect to different batches of drugs. The facts and circumstances of the said petitions are similar to the present petition and the same contentions have been raised on behalf of the parties. Details of the said petitions are as under:
i. CRL.MC. 3424/
The failure to comply with mandatory provisions regarding sample handling and report disclosure under the Drugs and Cosmetics Act vitiates the prosecution against manufacturers, ensuring their right ....
Non-compliance with statutory provisions and resignation of the accused from the company absolved him of liability, leading to the quashing of the proceedings.
Prosecution quashed for delay in sample testing beyond 60 days without extension under Rule 45 and failure to send sample to manufacturer under Section 23(4)(iii), depriving re-analysis right post sh....
The prosecution of drug quality violations is unsustainable when testing delays invalidate the accused's rights to challenge the results, highlighting the need for timely compliance under the Drugs a....
Seizure of sub-standard quality of drug – When report of Government Analyst itself is shrouded in serious suspicion and it is not sure as to whether report of Government Analyst relates to sample lif....
The main legal point established in the judgment is that the rights of the accused under sections 25(3) and 25(4) of the Drugs and Cosmetics Act, 1940 must be upheld, and any violation of these right....
The judgment establishes that the failure of the prosecution to adhere to statutory requirements, particularly regarding the right to contest the Government Analyst's report, can lead to the quashing....
Quash of Criminal proceedings - once it is shown that the right of accused to adduce evidence in controversion of the Government Analyst’s report is defeated due to acts and omission of the Drugs Ins....
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