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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
H.S.GREWAL
Ajay Kumar – Appellant
Versus
State of Punjab – Respondent
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/20
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....
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....
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 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 expiry of a drug sample before testing negates the prosecution's case, impacting the accused's right to challenge the evidence.
The main legal point established in the judgment is the significance of adhering to the limitation period for filing complaints under Section 468 of the Cr.P.C. and the influence of precedent set by ....
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....
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....
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