2015 Supreme(Raj) 1665
RAJASTHAN HIGH COURT
Vijay Bishnoi, J.
Piya Pharmaceuticals Pvt. Ltd. & Ors. - Appellant
Versus
State of Rajasthan & Anr. - Respondent
S.B. Criminal Misc. Petition No. 1819 of 2015.
Decided On : 08-07-2015
Advocates:
For the Petitioners:Vineet Jain, Advocate and Vikram Rajpurohit, Public Prosecutor.
The central legal point established in the judgment is the impact of the expiry of drug samples on the statutory right to challenge the Government Analyst's report under the Drugs and Cosmetics Act, 1940.
Headnote:
Drugs and Cosmetics Act, 1940 - Section 27-C - Challenge to Government Analyst's Report
Fact of the Case:
The petitioners sought to quash the proceedings of a complaint case for offences under Section 27-C of the Drugs and Cosmetics Act, 1940, arguing that they were deprived of their statutory right to challenge the report of the Government Analyst due to the expiry of the drug samples and delayed notification.
Finding of the Court:
The court issued notice and granted a stay on further proceedings, allowing time for the respondents to file a reply to the petition.
Issues: The main issue was the deprivation of the petitioners' statutory right to challenge the Government Analyst's report under Section 25(4) of the Act due to the expiry of the drug samples and delayed notification.
Ratio Decidendi: The court's decision was influenced by the interpretation of the statutory right under Section 25(4) of the Act and the impact of the expiry of the drug samples on the petitioners' ability to exercise that right.
Final Decision: The court granted a stay on further proceedings, indicating a willingness to consider the petitioners' argument regarding the deprivation of their statutory right.
JUDGMENT
1. - This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners with a prayer for quashing the proceedings of Complaint Case No.6/2013 pending in the Court of Additional Chief Judicial Magistrate, Pratapgarh for the offences punishable under Section 27-C of Drugs and Cosmetics Act, 1940 (for short 'the Act of 1940' hereinafter).
2. Learned counsel for the petitioners has argued that the Drug Inspector took samples of drugs from M/s Shree Medical Agencies, Pratapgarh on 23rd of April, 2009. The expiry date of the said drug was April 2010. It is contended that the report of Government Analyst was received on 5th of February 2010 claiming that the samples of the drug was not as per standards. The petitioner No.1 was informed about the report of Government Analyst on 20th of August, 2010. It is contended that by that time, the drugs, samples of which were seized, was expired. Learned counsel for the petitioners has submitted that as per Section 25 (4) of the Act of 1940, the petitioners have statutory right to challenge the report of Government Analyst by intimating the Drug Inspector about their intention to adduce evidence in contradiction of the report of the Government Analyst. However, since the expiry date of the drug was April 2010 and the petitioner No.1 was informed about the report of the Government Analyst on 20th of August, 2010, the petitioner is deprived of his valuable right as guaranteed under Section 25(4) of the Act of 1940.
3. Issue notice. Issue notice of stay petition also.
4. Learned Public Prosecutor accepts notice on behalf of respondents and prays for some time to file reply to this criminal misc. petition. Time prayed for is granted.
5. Put up after two weeks.
6. Meanwhile, further proceedings in Complaint Case No.6/2013 pending in the Court of Additional Chief Judicial Magistrate, Pratapgarh shall remain stayed.
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