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.

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 15.09.2010. The Central Drug Laboratory, Kolkata sent its test report on24.06.2011 and found the sample of below standard giving reason that the sample does not conform to USP with respect to Water and Assay. Vide letter dated 15.07.2011, Civil Surgeon cum Chief Medical Officer, Gumla, was made available the test report, Direction was given to stop distribution of the drug and asked for the purchase invoice. Reminders were also sent to the Civil Surgeon cum Chief Medical Officer Gumla on 4.8.2011 15.9.2011 and 16.11.2011. The Civil Surgeon Gumla replied through letter that the drug had been supplied from State RCH Bhandar, Namkum, Ranchi. The State RCH Officer, Namkum Ranchi was also requested to stop distribution of drug namely Crystal Violet IP 250 grm. Batch no.1437 mfg. dt. Nov. 2008. Exp. Dat. Oct. 2011 and asked for purchase invoice of the drug vide letter dated 19.12.2011. The manufacturer, M/s Macsen Lab i.e. petitioner no.1 was also sent test report under form-13 and asked for explanation along with other required details vide letter no.768 dt.19.12.1011 and requested to collect one part of the sample from the office of complainant under section 23(4) of the said Act. The petitioner no.1 sent its explanation along with other details asked for vide its letter dt. 16.01.2012. The manufacturer company was again requested for collecting sample vide letter dt. 27.01.2012 but till date sample has not been collected. Complainant again sent reminder to the State RCG Officer Ranchi with regard to stopping of distribution of drug namely crystal violet IP 250 gms. Batch no.1437 mfg. Dt Nov. 2008 Exp.Dt Oct. 2011 and sending the purchase invoice of the drug. Director, Health Services Jharkhand, Ranchi sent reply on 3.2.2012 that drug in question had been purchased from M/s J.R. Pharma on 8.12.2008 and made available the copies purchase invoice. Then M/s J.R. Pharma was also made available to copy of test report, directed to stop distribution of medicine and asked for copy of purchase invoice vide letter dt. 11.2.2012 and reminder dt. 27.3.2012 M/s J.R. Pharma replied in turn vide letter dt. 17.4.2012 that manufacturer of medicine is M/s Macsen Lab and made available the purchase invoice dt. 25.11.2008. Complainant sent entire investigation report to Director in Chief, State Drug Control Directorate, Ranchi vide letter dt. 13.4.2012 and sought permission for taking necessary action. Reminders were also sent and asked for sanction for prosecution against manufacture company. Sanction for prosecution was accorded vide letter dated 26.12.2013. it is further alleged that M/s Macsen Lab. has violated provision of sections 18(a)(i) and 18-B of Drugs & Cosmetics Act and punishable under section 27(d) of the Drugs and Cosmetics Act.

4. Mr. Rishi Pallava, the learned co