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Meri Odin Lifesciences – Appellant
Versus
State, Through Daljit Singh Uppal Drugs Control Officer – Respondent
ORDER :
1. The instant petition under Section 482 Cr.P.C. has been filed by the petitioners herein with a prayer to quash the proceedings of Criminal Complaint No.160/2012 pending in the Court of learned Chief Judicial Magistrate, Sri Ganganagar and so also, the orders dated 06.11.2009 and 30.05.2012 passed by the learned Chief Judicial Magistrate, Sri Ganganagar in above Criminal Complaint case.
2. By order dated 06.11.2009, the learned trial court rejected the application filed by the petitioners for sending the second sample of the drug for reanalysis to the Central Drugs Laboratory, Kolkata. By order dated 30.05.2012, the trial court took cognizance for the offences under Sections 18(a)(i) read with Sections 16(1)(a), 18(a)(vi), 22(1)(cca) and 18-B punishable under Sections 27(d), 22(3) and 28-A of the Drugs and Cosmetic Act against the petitioners and the co-accused persons.
3. Brief facts relevant and essential for disposal of the petition are noted herein below.
4. The Drug Inspector, Sri Ganganagar collected sample of a drug named Omeprazole capsules from a firm named M/s. Unique Marketing, Sri Ganaganagar with the manufacturing date of the drug being September, 2008, expiry da
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....
Drugs and Cosmetics - Criminal Proceedings quashed - Statutory right of petitioner for retesting drugs in question under sections 25(3) and 25(4) of Act has been violated by respondent and learned tr....
The main legal point established in the judgment is that the right of the accused to have their samples analyzed by the Central Drugs Laboratory under Section 25(4) of the Drugs and Cosmetics Act mus....
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....
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 report of the Government Analyst under the Drugs and Cosmetics Act is conclusive unless challenged within 28 days, and compliance with the sampling procedure is mandatory.]
The right to re-analysis of drug samples and the legal responsibility of individuals in the conduct of business under the Drugs and Cosmetics Act, 1940.
The right of the petitioner to adduce evidence under sub sections 3 and 4 of section 25 of the Drugs and Cosmetics Act was crucial in influencing the court's decision to quash the entire criminal pro....
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