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2022 Supreme(J&K) 518

SANJAY DHAR
Swiss Garnier Life Sciences – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Prince Hamza, Advocate, vice Mr. M. Y. Bhat, Sr. Advocate., for the Appellant; Ms. Masooda Jan, Advocate., for the 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

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