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SANJAY KUMAR DWIVEDI
Jackson Laboratories Private Limited, represented through its Authority Signatory - Jugal Kishore, son of late Sh. Chaman Lal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. Bibhash Sinha, the learned counsel appearing for the petitioners and Mr. P.D. Agarwal, the learned counsel appearing for the respondent State.
2. This petition has been filed for quashing of the entire criminal proceeding including the order dated 08.12.2020 passed by learned A.J.C.-II, Ranchi, in Drugs and Cosmetic Case No.10 of 2020, whereby the court has taken cognizance of section 27(d) and 28-A of Drugs and Cosmetics Act, 1940, the matter is pending in the court of learned A.J.C.-II, Ranchi.
3. The complaint was filed by the Drugs Inspector alleging therein that the Drug Inspector has filed complaint before the learned Chief Judicial Magistrate, Ranchi alleging therein that the Drug Inspector has collected one drug in the name and style of ‘Atenolol Tablet’ on 17.02.2020 from M/s State Dispensary, Doranda, Ranchi, manufactured and sold by M/s Jackson Laboratories Pvt. Ltd. and he got it tested from State Drug Testing Laboratory, Jharkhand, a competent authority for the said testing and found the said seized drug not of standard quality vide Report No.SDTL/JH/GA-58/2020 dated 13.3.2020 (Form 13) (Annexure-IV) and it is violation of view of drugs and Cosmeti
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 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....
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 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....
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 judgment establishes that a valuable right to re-test a drug sample, as provided under Section 25(4) of the Drugs and Cosmetics Act, cannot be denied without due process, and failure to comply wi....
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....
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