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SANJAY DHAR
Swiss Garnier Life Sciences – Appellant
Versus
Union of India – Respondent
JUDGMENT
1. The petitioners have challenged the complaint filed by respondent Drugs Inspector against them and the co-accused before the Court of Chief Judicial Magistrate, Srinagar, alleging commission of offences under Section 18(a)(i) read with Section 27(d) of the Drugs and Cosmetics Act, 1940.
2. It appears that on 26.04.2013, sample of a drug, namely, Zargo50 (Losartan Potassium Tab IP) Batch No.BPSG12198, manufacturing date 10/2012, expiry date 9/2014, manufactured by petitioner No.1, was lifted from the premises of co-accused EFF AAY Traders Pharmaceutical Distributors House No.131, Nursingh Garh, Srinagar, by the respondent Drugs Inspector. One portion of the sealed sample of the drug was sent to the Government Analyst i.e., Regional Drugs Testing Laboratory, Sector 39-C, Chandigarh, and vide report dated 26.06.2013, it was reported that the drug in question is of standard quality.
3. Vide order dated 10.09.2013, passed by a Division Bench of this Court in PILNo.6/2013 titled Dr. Nisar ul Hassan and another vs. State of J&K and Ors., general directions were issued that the samples collected by Drug Inspectors be sent to more than one laboratories for testing so as to dispel a
The right of a manufacturer to adduce evidence in controversion of the report of the Government Analyst is not violated if the sample has already been tested by the Central Drugs Laboratory.
The judgment establishes that the failure of the prosecution to adhere to statutory requirements, particularly regarding the right to contest the Government Analyst's report, can lead to the quashing....
Seizure of sub-standard quality of drug – When report of Government Analyst itself is shrouded in serious suspicion and it is not sure as to whether report of Government Analyst relates to sample lif....
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....
The prosecution of drug quality violations is unsustainable when testing delays invalidate the accused's rights to challenge the results, highlighting the need for timely compliance under the Drugs a....
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....
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