ORDER :

The instant petition under Section 482 CrPC has been preferred by the accused petitioners for assailing the order dated 19.01.2021 passed by the learned Sessions Judge, Banswara rejecting the Criminal Revision Petition No.26/2019 filed by the petitioners and affirming the orders dated 13.05.2019 and 03.07.2019 passed by the learned Additional Chief Judicial Magistrate, Banswara in Criminal Regular Case No.248/2010, whereby charges were framed and read over to the petitioners for the offences punishable under Sections 27(b)(i), 27(c) and 27(d) of the Drugs and Cosmetics Act for violation of the provisions of Sections 18(a)(i), 18(a)(vi), 18(b) read with Sections 16, 17, 17- A, 17-B of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as ‘the Act of 1940’). The petitioners through this petition have also prayed for quashing of the proceedings of the criminal case referred to supra.

2. Brief facts relevant and essential for disposal of the petition are noted hereinbelow :-

3. On 30.07.1997, the Drug Inspector, Banswara, collected sample of drug named Oxytetracycline Capsule I.P. 250 gm. Batch No.CP 14 manufactured by the petitioner No.1-Firm from the vendor named Shubham Medical & General Store, Nai Aabadi Badodiya. One part of the drug sample was forwarded to the Public Analyst, C.I.P.L., Ghaziabad, from where a report dated 27.02.1998 was received to the effect that the same did not conform to the standards laid down under the Act and Rules. The Drug Inspector forwarded a letter dated 15.09.1998 alongwith the analysis report and one part of the sample to the respondent 3 firm M/s. Associated Pharma Traders Pvt. Ltd. requiring it to furnish the details of purchase/procurement/sale of the drug in question. In response, the firm intimated the Drug Inspector that the drug in question had been purchased from Crown Pharmaceuticals through invoices dated 07.06.1997, 10.07.1997 and 09.10.1997 respectively. After receiving this information, the Drug Inspector forwarded a letter dated 05.10.1998 to M/s. Crown Pharmaceuticals requiring it to provide details about procurement of the drug and stocks etc. No reply was received in the scheduled period, on which a reminder was issued and the firm, replied vide letter dated 02.11.1998 that the drug in question had been procured from the manufacturer M/s. Parkin Laboratories, Ghaziabad vide invoices dated 02.06.1997, 07.07.1997 and 04.10.1997. Thereupon, the Drug Inspector proceeded to issue a letter dated 06.11.1998 to the manufacturer firm, ie. the petitioner No.1, asking it to provide the details of the manufacture of drug, stock, sale etc. On no reply forthcoming, a reminder dated 30.11.1998 was issued. The Manufacturer, in the meantime, seems to have received the earlier intimation and sent a letter dated 27.11.1998 to the Drug Inspector, conveying that it was not satisfied with the report of the C.I.P.L., Ghaziabad and requested that the preserved part of the drug sample should be got reanalyzed through the Central Drugs Laboratory, Calcutta. The Drug Inspector in turn, replied to the manufacturer by letter dated 15.12.1998 that it may appear before the Court of the Chief Judicial Magistrate, Banswara and file an application under Section 25(3) of the Act of 1940 to get remainant sample portion analyzed from the Central Drugs Laboratory. It is alleged that no application in the Court came to be filed by any of the proposed accused for leading evidence in contradiction to the report of the C.I.P.L. Finally, the complaint came to be filed against the petitioners herein, the vendor firm and the distributor firm and their representatives in the Court of the Chief Judicial Magistrate Banswara on 10.07.2003. Pre-charge evidence was recorded, whereafter charges were framed against the petitioners and the co-accused persons by order dated 13.05.2019 and were read over to them on 03.07.2019. The accused petitioners challenged the order framing charge dated 13.05.2019 by filing a revis