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DEEPAK GUPTA
Varun Kapoor – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. submission details of drug inspection. (Para 1 , 2) |
| 2. petitioners' arguments on non-compliance with the act. (Para 3 , 4) |
| 3. respondent's defense regarding sample handling. (Para 5 , 11) |
| 4. court's conclusion on the merits of the case. (Para 6 , 24) |
| 5. analysis of legal responsibilities and rights under the act. (Para 7 , 8 , 9 , 10 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 22 , 23) |
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 a
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.
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