Continuation of criminal proceedings for the same offence after a conviction constitutes double jeopardy, violating legal protections against being tried twice for the same offense.

JUDGMENT :

1. M/s Eaton Laboratories, Petitioner, through its Managing Director has invoked the jurisdiction of this Court under section 561-A of Cr.P.C (Now Section 482 of Cr.P.C) for quashing of Criminal Proceedings initiated against the said company under Section 18 (a) (i) read with Section 27 (d) of the Drugs and Cosmetics Act, 1940 pending in the Court of Chief Judicial Magistrate, Anantnag and Fourth Additional District Judge, Srinagar, respectively with alternate prayer to club the two complaints for composite trial.

First Complaint

2. On 22.03.2013, The Drug Inspector Bijbehara, Anantnag under the authority conferred on him by Section 22 of Drugs and Cosmetic Act 1940 lifted a sample of drug, namely Emlo-A, Batch No. 9159, Manufacturing Date January 2013, Expiry Date December 2015, manufactured by M/s Eaton Laboratories 40 Industrial Estate, Zainakote, Srinagar-190012 from the pharmacy shop namely M/s Zargar Medical Agency Bijbehara. The sample of the drug supra was lifted as per the procedure laid down under Section 23 (3) (a) of Drugs and Cosmetic Act, 1940. One portion of drug sample so lifted was sent to Government Analyst, Drug Testing Laboratory Dalgate, Srinagar, for analysis vide Memorandum No. 18 bearing Reference No. DFCO-DI-Bij-S26, dated 22.03.2013. The government analyst declared the drug sample to be “Not of Standard Quality” on the ground that the sample fails in the assay as the contents of Amlodipine Besylate in the sample were found less than the 70.9 per cent of the claim made. Further in compliance with Section 25 (2) of Drugs and Cosmetic Act 1940, a copy of test report was provided to M/s Zargar Medical Agency Bijbehara on 01.06.2013. Moreover, the available stock of one thousand tablets of the drug in question found lying with pharmacy shop, namely M/s Zargar Medical Agency Bijbehara was seized on 31.05.2013 by the Drug Inspector. Thereupon, Drug Inspector obtained custody permission of the drugs supra from the Court of Chief Judicial Magistrate, Anantnag on 04.06.2013 in compliance to Section 23 (5) (b) of Drugs and Cosmetics Act, 1940.

3. The firm (Pharmacy shop), M/s Zargar Medical Agency Bijbehara vide its letter dated 01.06.2013 intimated the Drug Inspector that the drug sample in question was purchased by them from the Petitioner i.e. by M/s Eaton Laboratories 40 Industrial Estate, Zainakote, Srinagar vide invoice no. 971 dated 19.03.2013. On receipt of the said reply, the Drug Inspector took up the matter with the Petitioner. Furthermore, in compliance to Section 25 (2) of Drugs and Cosmetics Act, 1940 and Rules made thereunder, a copy of test report along with the portion of drug sample was sent to the Petitioner i.e. M/s Eaton Laboratories by the Drug Inspector on 06.06.2013. The reply of the Petitioner was not found satisfactory. Accordingly, a complete investigation report was placed before the screening committee for accord of prosecution permission from the Controlling authority. The prosecution permission was granted by the Controlling authority i.e. Drug and Food Control Organization, J&K (Jammu) through Deputy Controller Drug and Food Control Organization Kashmir Division, Srinagar vide endorsement no. DFO/K/Drug/2063-65 dated 19.08.2013.

4. On receipt of permission from the controlling authority, the Drug Inspector filed a complaint against the Petitioner i.e. M/s Eaton Laboratories as well as M/s Zargar Medical Agency, Bijbehara under Section 18 (a) (i) read with Section 27 (d) of the Drugs and Cosmetics Act, 1940 and the Rules thereunder. It is pertinent to mention herein that the complaint was filed before the Court of Chief Judicial Magistrate, Anantnag.

Second Complaint:

5. Exactly eight days later i.e. 30th March 2013, the Drug Inspector for Manufacturing, Kashmir Division lifted the drug sample (same drug sample as in the first complaint) namely Emlo-A, Batch No. 9159 with manufacturing date as January 2013, with expiry date as December 2015 from the premises of the Petitioner i