Section 22(1)(d) of the Act enables the Inspector to take all steps to carryout provisions of the Act and taking additional sample on the demand raised by Government Analyst, to provide sufficient quantity of sample for testing, is definitely an act on the part of Drug Inspector for carrying out the purposes of the Act.

JUDGMENT

Vivek Singh Thakur, J. - These petitions, assailing orders dated 11.03.2020 and 02.05.2020, passed by learned Chief Judicial Magistrate, District Sirmaur at Nahan, Himachal Pradesh (hereinafter referred to as CJM) arising out of one and the same proceedings/inquiry, are being decided by this common judgment as the same are to be adjudicated on the basis of common material.

2. A partnership firm M/s Digital Vision, having licence and approval from the Drug Licencing Authority, under Drugs and Cosmetics Act, 1940 (hereinafter referred to as the 'Act') and Rules framed thereunder, had been manufacturing amongst others, the drug Coldbest-PC Syrup since 2014, in its Manufacturing Unit at 176, Mauza Ogli, Nahan Road, Kala Amb, District Sirmaur, H.P., till 15.02.2020, when it was directed to stop manufacturing of this drug as well as all drugs having similar formula/composition under generic name or any brand name under its Drugs Manufacturing Licences, till further orders, for the reason that infant mortalities had taken place in Ramnagar area of Udhampur District (J & K) and it was observed by the team head of PGI, Chandigarh that Diethylene Glycol, purported cause of deaths, was found in Coldbest-PC Syrup pertaining to Batch No.DL5201 manufactured in September 2019, with expiry date August 2021, manufactured by the petitioner-M/s Digital Vision.

3. Vide order dated 11.03.2020, impugned in Cr.MMO No.180 of 2020 preferred by Parshotam Lal Goyal, partner of M/s Digital Vision, learned CJM, on application filed by the Drug Inspector, has permitted the Drug Inspector to draw additional samples of drug from the bulk seized by and in custody of Drug Inspector, for demand received from Government Analyst to send additional sample for testing the drug for Diethylene Glycol, as quantity sent earlier was found to be insufficient by Government Analyst to conduct test/analysis asked for.

4. Vide order dated 02.05.2020, impugned in Cr. Revision No.146 of 2020 preferred on behalf of M/s Digital Vision through its partner Konic Goyal, learned CJM has rejected the objection raised on behalf of the petitioner against sending four bottles of initial sample and twenty bottles of additional sample collectively consequently dismissing the prayer to send only four bottles i.e. sample drawn initially on 26.02.2020 to Central Drug Laboratory Kolkata, but not to send additional samples of twenty bottles, so drawn on 11.03.2020 after receiving the demand from Government Analyst, Chandigarh. Learned CJM has ordered to send initial samples of four bottles as well as additional sample of twenty bottles, but separately with a request to CDL, Kolkata, to open only initial sample at first instance and in case sample is found insufficient for conducting requisite test(s), to open additional sample of twenty bottles for conducting the analysis/test asked for.

5. During hearing, record of proceedings conducted by the Drug Inspector, was summoned through learned Deputy Advocate General, retained and perused.

6. Undisputedly, petitioner-M/s Digital Vision is a partnership firm incorporated vide registered deed of partnership made on 18.05.2009 between Parshotam Lal Goyal and his two sons Konic Goyal and Manic Goyal, residents of 28-A, Govind Nagar, Ambala Cantt, Haryana. The Deed has been registered in the office of Sub-Registrar, Nahan, in Book No.4, bearing registration No.129/09 dated 18.05.2009. Share of partner Parshotam Lal Goyal, as per copy of Deed, available on record is: 34%, whereas his two sons Konic Goyal and Manic Goyal are having share of 33% each.

7. On 15.02.2020, a letter No.DFO/D-924/7477-7513, sent by Controller Drugs, Drugs and Food Control Organization J & K (Jammu), was received by the State Drugs Controller, Himachal Pradesh, regarding infant mortalities in Ramnagar area of Udhampur District (J & K), whereby it was informed that it had been given to understand by the team Head of PGI, Chandigarh that presence of Diethylene Glycol in Co