JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. This petition has been filed for quashing the entire criminal proceeding as well as the order dated 13.12.2013 passed by the learned Chief Judicial Magistrate at Chaibasa in connection with Complaint Case being C/7-86 of 2013 whereby learned court has been pleased to find a prima facie case under sections 27(D), 18(a)(i) of the Drugs and Cosmetics Act, 1940 against the petitioners and accordingly took cognizance of the said offence and issued summons to the petitioners to face trial, pending in the court learned Chief Judicial Magistrate, at Chaibasa.

2. The complaint has been filed by the Drug Inspector alleging therein that on 28.02.2014 in presence of Child Development and Project Officer, Khuntipani, Store of M/s Aushadhi Bhandar, ICDS Project, Khuntipani, West Singhbhum was inspected and sample of Paracetamol syrup IP, B. No. ML12-017 was collected for its examination. The sample was sent to Govt. Analyst, State Medicine Test Laboratory, Namkum, Ranchi, where the chemical examination of the said sample was done and the report dated 22.3.2013 was received and the sample was found not of standard quality as the oral liquid was not homogenous,