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DEEPAK GUPTA
Varun Kapoor – Appellant
Versus
State – Respondent
JUDGMENT
Deepak Gupta, J.
By way of this petition filed under Section 482 Cr. P.C., petitioners have prayed for quashing complaint No. COMA-536-2020 dated 26.06.2020 (Annexure P.7) pending in the Court of learned Chief Judicial Magistrate, Amritsar besides summoning order dated 26.06.2020 (Annexure P.8, notice of accusation dated 11.03.2022 (Annexure P.9) and the subsequent proceedings due to non-compliance of Section 23 (4)(iii) of Drugs and Cosmetic Act, 1940.
2. On 30.01.2018, Drug Inspector, Amritsar took sample of 5 drugs from M/s Montu Medical Store (a retailer), situated at Village and Post Office Chogawan, Tehsil Ajnala, District Amritsar. One of the drug, sample of which was taken was 3 strips of 10 capsules each "SANRAB", the manufacturing date of which was November, 2017 and expiry as October, 2019. Said drug had been manufactured by Ticoma Pharmacia, i.e. petitioner No.3. Petitioners No.1 and 2 are the partners of said manufacturing firm. The sample portion was divided into four equal portions and was sealed as per statutory requirements by the Drug Inspector, who handed over one of the sealed sample portion to Surinder Singh, partner of the retailer firm, other to the
The failure to comply with mandatory provisions regarding sample handling and report disclosure under the Drugs and Cosmetics Act vitiates the prosecution against manufacturers, ensuring their 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....
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 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....
The right of a manufacturer to adduce evidence in controversion of the report of the Government Analyst is not violated if the sample has already been tested by the Central Drugs Laboratory.
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....
Delay in analysis deprived accused of rights under the Drugs and Cosmetics Act, justifying quashing of proceedings.
Non-compliance with statutory provisions and resignation of the accused from the company absolved him of liability, leading to the quashing of the proceedings.
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