Back
RAKESH KAINTHLA
Hetero Labs Limited – Appellant
Versus
Union of India through Drug Inspector – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The present petition under Section 482 of Cr.P.C. has been filed for quashing of complaint no. 239/4 of 2022, pending before the learned Additional Chief Judicial Magistrate at Nalagarh, District Solan, titled Union of India versus Hetro Lab Limited. It has been asserted that the Drug Inspector, Baddi, drew sample of the drug Azilsartan Medoxomil tablet, on 15.03.2021, which was manufactured by M/S Hetro Labs Limited. The drug was sent to a Government Analyst, Regional Drugs Testing Laboratory, and Chandigarh for testing and analysis, which issued a result stating that the sample did not conform to the claim as per the patent and proprietary with respect to the dissolution. One copy of the report was delivered to the petitioner in compliance with Section 25 of the Drugs and Cosmetics Act. The petitioners got the sample analyzed at their own end and found that it complied with the requirement. A complaint was filed before the learned Trial Court. The petitioners filed an application under Section 25(4) of the Drugs and Cosmetics Act for sending the sample to the Central Laboratory, Kolkata for its analysis. The application was contested and the same was
The report of the Central Drugs Laboratory, Kolkata was held to be conclusive evidence as per Section 25(4) of the Drugs and Cosmetics Act, and it superseded the report of the Government Analyst, inf....
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 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....
The main legal point established in the judgment is the conclusive nature of the State Analyst Report and the requirement to exercise the statutory right to request re-analysis by the Central Drugs L....
Complaint for spurious drugs not quashable under CrPC 482 if allegations prima facie disclose offence; Magistrate takes cognizance of Chapter IV Drugs Act cases for committal to Sessions; manufacture....
At the charge stage, evidence demonstrating a case's absurdity permits consideration of defense materials of impeccable quality, overriding merely prosecution's reports.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
