Having heard learned Counsel for the parties at length, I have come to the conclusion that this revision must succeed. No doubt the Courts of law should not allow a person guilty of an offence punishable under the Drugs and Cosmetics Act to escape lightly by taking cover behind technicality. Nevertheless justice has to be administered accord ing to law and the Courts cannot shut their eyes to vital omissions on the part of the Investigating agency.

I have sounded the above noted caution because I am alive to the responsibility which this Court has to the society and at the same time to a person accused of an offence under the Act. Gravity of the problem makes it all the more incumbent on the prosecution to take its duty more seriously and to acquaint itself with the law which it is required to enforce. The duties of the prosecution agency in a case under the Drugs and Cosmetics Act have to be discharged by the officers designated under the said enactment. It would not be proper for this Court to assume the function of the prosecutor and to gloss over the regularities inherent in the prosecution launched against a person under the said Act.

Now it is not in dispute th