JUDGMENT :

Subhash Chand, J.

The instant criminal revision is preferred on behalf of petitioner, namely, Abhay Kumar Gupta against the order dated 08.05.2023 passed by the learned Principal Sessions Judge, Jamtara whereby the application for the discharge moved on behalf of the petitioner in connection with O.C.R Case No. 128 of 2015, corresponding to Drugs and Cosmetics Act no. 1/2017, under section 27(C) and 28-A of Drugs and Cosmetics Act, 1940 has been rejected.

2. The matrix of the complaint case is that on 16.08.2014 the sample of “Neomet Oral Suspension” Batch No.1 manufactured dated 01/2012 expiry date 12/2014 by M/s. New Lab Industry, Ram Nagar, Kurthaul, Patna was collected from the Sadar Hospital, Jamtara in Form No. 17 that sample was sent for the test to Govt. Analyst, Jharkhand State Drug Testing Laboratory, Namkum, Ranchi in Form No. 18. The sample of the “Neomet Oral Suspension” Batch No.1 manufactured dated 01/2012 expiry date 12/2014 manufactured by M/s. New Lab Industry, Kurthaul, Patna was declared ''not of standard quality” in respect of content and labelling as mentioned in Govt. Analyst test report no. GA-583 dated 19.09.2014 under provisions of the Drugs and