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SANJAY KUMAR DWIVEDI
Macsen Laboratories – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sanjay Kumar Dwivedi, J.
Heard learned counsel appearing for the petitioners as well as the learned counsel appearing on behalf of the respondent State.
2. This petition has been filed for quashing of the entire criminal proceeding arising out of Drugs and Cosmetics Case No.12 of 2014, corresponding to C-III Case No.12 of 2014, including the order taking cognizance dated 02.01.2014 passed by learned A.C.J.M., Ranchi whereby he has been pleased to take cognizance under section 27(d) of Drugs and Cosmetics Act, 1940, pending in the court of learned Special Judge, Cyber Crime and Drugs and Cosmetic, Ranchi.
3. The complaint case has been filed alleging therein the then Drug Inspector had inspected Sadar Hospital Gumla on 03.09.2010 and collected sample of Crystal Violet I.P.250 gms. Batch No.1437 Mfg. D. Nov., 2008, Exp. Dt. Oct., 2011, Mfg. by M/s Macsen Laboratories at Village Titerdi Near Municipal Trenching Ground, Tehsil Girwa, Udaypur-2 from Medicine Godown, Sadar Hospital Gumla under provisions of section 22 of Drugs and Cosmetics Act complying requirement of section 23 of the said Act. The sample was sent to Government Analyst, Central Drug Laboratory, Kolkata on 15.09.
The complaint under the Drugs and Cosmetics Act was filed beyond the three-year limitation period, violating the petitioners' right to re-examine the drug, leading to quashing of the proceedings.
The central legal point established in the judgment is that complaints filed under Section 27(d) of the Drugs and Cosmetics Act, 1940 must adhere to the time limitation prescribed under Section 468 C....
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....
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....
Right of appellant to have sample analysed in Central Laboratory is a valuable right.
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....
The main legal point established in the judgment is that the right of the accused to have their samples analyzed by the Central Drugs Laboratory under Section 25(4) of the Drugs and Cosmetics Act mus....
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