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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJEEV KUMAR
Sudhir Kumar, Managing Director, Jacksons Laboratories Pvt. Ltd. – Appellant
Versus
Peerzada Tasaduq Hussain Drug Inspector Pulwama Srinagar – Respondent
JUDGMENT :
SANJEEV KUMAR, J.
1 By way of the present petition filed under Section 561-A CrPC, the petitioner, namely Sudhir Kumar, Managing Director of Jacksons Laboratories Private Ltd., seeks quashing of criminal proceedings in the complaint titled ‘State through Drug Inspector, Pulwama, Drugs & Food Control Organisation vs. M/s J.M. Traders and Pharmaceutical Distributors and others, filed by the respondent under Section 18(a)(i) read with Section 28 of the Drugs and Cosmetics Act, 1940 [“ Act”), as well as the order of cognizance passed therein.
2 Before I advert to the grounds of challenge urged and pleaded by the petitioner, it is necessary to first set out few facts which are necessary for disposal of this petition.
3 On 07.12.2013, the respondent inspected the business premises of M/S J.M. Traders, Pharmaceutical Distributors, Pulwama, and lifted sample of medicines including that of Molcin plus, Batch No. T-3498 M having date of manufacture as April, 2013 and expiry date March, 2016. The drug was purportedly manufactured by Jacksons Laboratories Private Ltd. The sample was lifted for the purpose of test and analysis as per the provisions of the Act and the Rules framed thereun
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 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....
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 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....
The expiry of a drug sample before testing negates the prosecution's case, impacting the accused's right to challenge the evidence.
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