JUDGMENT :

H.S. Grewal, J.

1. This petition has been preferred by the petitioners under Section 482 Cr.P.C. seeking quashing of the complaint bearing No.COMA/65/2019, CNR No.PBMN030032252019 dated 19.12.2019 (Annexure P-1), titled as “State through Drugs Inspector Vs. Ajay Kumar & another”, under Sections 18(a)(i) and 27(d) of the Drugs and Cosmetics Act, 1940 (hereinafter referred as ‘the Act’) and the summoning order dated 19.12.2019 (Annexure P-2) passed by the learned CJM, Mansa and all consequential proceedings arising therefrom.

2. The brief facts of the case are that on 01.09.2015, Sh. Gundeep Bansal, the Drugs Inspector, Mansa inspected the firm M/s Sharma Medical Hall, Gurudwara Road, Bhikhi, District Mansa where Kapil Dev Sharma s/o Sh. Jagdish Chand proprietor of firm was present as Incharge of the shop. During inspection following two types of allopathic drugs were taken for testing and analysis on Form 17 :-

“1. Sample No. MN/76/GB/2015:- Four sample portions, each containing 4×10 Tablets of Zepcare-D, Batch number ZPD-104, Manufacturing Date-07/2015, Expiry Date-06/2017, Manufactured by: Ocean Organics Pvt. Ltd. P.O. Khanna Nagar, Amritsar-143001.

2. Sample No. MN/77/GB/2015: Four sample portions, each containing 4×10 Tablets of OBIG, Batch number OBG-1401, Manufacturing Date: 11/2014, Expiry Date: 10/2016, Manufactured By: Apple formulations Pvt. Ltd. Plot No. 208, Kishanpur, Roorkee-247667 (UK).”

The present case is pertaining to sample No.MN/76/GB/2015, being manufactured by petitioner No.2/Company. One sealed sample portion of MN/76/GB/2015 to MN/77/GB/2015 taken for test and analysis along with one copy of the Form 17 was handed over to Kapil Dev Sharma at the spot and the receipt of the same was obtained on the Form-17 itself.

3. On 07.09.2015, the Drug Inspector sent one sealed sample portion of each sample to the Government Analyst, Punjab, along with a memorandum in Form 18 vide no.Drugs/2015/821 dated 07.09.2015 through registered parcel. The Government Analyst, Punjab declared the drug sample number MN/76/GB/2015 of tablet Zepcare-D, Batch Number ZPD-104, Manufacturing Date: 07/2015, Expiry Date: 06/2017; manufactured by M/s Ocean Organics Pvt. Ltd. (petitioner No.2) as ‘Not of Standard Quality’, vide test report No.2438 dated 09.10.2015, as content of drug Pantoprazole was found to be 32.5 mg/tab. (81.25%) against the labeled claim of 40 mg/tab.

4. Upon receipt of the said report, on 23.10.2015, a notice bearing No.Drugs/2015/941 along with a copy of test report, was delivered to M/s Sharma Medical Hall, Gurudwara Road, Bhikhi, District Mansa to disclose source of acquisition of the drug in question. A copy of the same was also forwarded to the State Drugs Controller, Punjab and to M/s Ocean Organics Pvt. Ltd., P.O. Khanna Nagar, Amritsar (petitioner No.2) vide office No.Drugs/2015/941-46 dated 23.10.2015 along with a copy of test report.

5. In response to the said notice, reply was filed by M/s Sharma Medical Hall, on 02.11.2015 stating that the drug in question was purchased from M/s Patiala Medical Hall, Thana Road, Bhikhi, Distt. Mansa vide invoice number R-03452 dated 31/8/2015. Thereafter, a registered notice letter No/Drugs/15/1019 dated 20/11/2015 alongwith a copy of the test report and a sealed sample portion, was sent to M/s Patiala Medical Hall, Thana Road, Bhikhi, Distt. Mansa, seeking disclosure of the source of acquisition of drug in question. Answering thereto, it was submitted that the drug in question was purchased from manufacturing firm M/s Ocean Organics Pvt. Ltd. vide invoice No.206 dated 08.07.2015.

6. On 11.03.2016, petitioner No.2 challenged the test report. On 29.03.2017, the then Drug Inspector submitted an application before the Chief Judicial Magistrate, Mansa seeking retesting and re-analysis of drug sample in question from Central drugs Laboratory Kolkata. The trial Court sent the drug sample to the Director, Central Drugs laboratory, Kolkata for test and analysis under Section 25(