JUDGMENT

Sanjeev Prakash Sharma, J. - The petitioner has challenged the order dated 09.01.2020 whereby the learned Additional Sessions Judge, Bharatpur has refused to discharge the petitioner of the offence under Section 27 (d) of the Drugs and Cosmetic Act, 1940 (hereinafter referred to as 'the Act of 1940').

2. Learned counsel for the petitioner submits that the sample was collected of an unquoted tablet MAFSIS from the company which was stated to be manufactured in October, 2004. The disintegration time of the tablet was found upon the test being conducted as 72 minutes instead of 15 minutes as provided, and therefore, case under Section 27 (d) of the Act, 1940 was registered against the petitioner on 03.09.2015 and on 03.09.2015, cognizance was taken. The petitioner challenged the cognizance order pointing out that after the test was conducted at Forensic Science Laboratory (FSL), Jaipur the petitioner exercised the right under Section 25 (3) of the Act, 1940 in challenging the said FSL Report and therefore, the concerned sample was sent for re-examination to the Central Drugs Laboratory, Calcutta for a second report.

3. Learned counsel submits that the second report was submitted