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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
M/s Ciron Drugs Pharmaceuticals Pvt. Ltd. – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
ORDER :
FARJAND ALI, J.
1. By way of filing this instant Criminal Petition under Section482 CrPC (now Section 528 of BNSS, 2023), the petitioners seek quashing of Case No. 17/2023 pending before the Hon'ble Chief Judicial Magistrate, Jalore. The said case has been instituted against the petitioners for the alleged contravention of Sections 16(1)(c), 17, 17B, 18(a)(i), and 18(a)(vi) of the Drugs and Cosmetics Act, and is punishable under Sections 27(c), 27(d), and 36 of the said Act. The allegations pertain to the manufacture, sale, and distribution of the drug "Ipra Tropium Bromide Respirator Solution,"which is claimed to be spurious and substandard.
2. The present case arises from the legal sampling of "Ipra Tropium Bromide Respirator (Nebulizing Solution)," Batch No. 708076, drawn on 22.09.2017 by Shri Pankaj Gehlot, Drugs Control Officer, from the District Drug Warehouse, Jalore, for testing and analysis. The sample was forwarded to the Government Analyst, DTL Jaipur, under Form-18 on 04.10.2017, and the analyst's report dated 14.06.2019 declared the sample as Not of Standard Quality (NSQ), finding the active ingredient at 33.49% of the label claim.
3. Upon receipt of the report, a
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