The central legal point established in the judgment is the interpretation and application of procedural and substantive provisions under the Drugs and Cosmetics Act, 1940, and the Code of Criminal Procedure, 1973, in determining the admissibility of test reports and the liability of the company's director.

JUDGMENT :

Sharad Kumar Sharma, J.

The summarised facts of the case are, that a Criminal Case No. 362 of 2015, Drug Inspector Vs. Gopal Munjal and others, was registered as against the accused persons for their alleged engagement in commission of offence under Sections 17 (c), 18 (a) (i) to be read with Section 27 (D) of Drugs and Cosmetics Act, 1940, as it stood instituted before the Court of Chief Judicial Magistrate, Bageshwar.

2. The prayer, as sought for in the present C-482 Application, is for quashing the order date 04.05.2023, as it has been passed by the Court of District & Sessions Judge, Bageshwar, whereby the Court of Sessions Judge, dismissed the Criminal Revision preferred by the applicant and directed the applicant to appear before the Court of Chief Judicial Magistrate to take an appropriate defence in Criminal Case No. 362 of 2015, for the aforesaid offences.

3. The brief facts of the case are required to be dealt with, which are as under :

1. On 24th January, 2012, the samples were collected from M/s Manoj Medical Store, a chemist retail outlet at Bageshwar, and it was the sample of Cozy Plus, which were collected in the presence of the proprietor of the firm.

2. After collection of the samples, the same were sent to the Government Laboratory on 24th January, 2012, for its testing. The said sample was received by the Government Laboratory on 2nd February, 2012. The Government Laboratory has sent a report being Report No. 320 under Form-13 with a certificate No. D/297 on 06.06.2012.

3. In the report thus submitted on 06.06.2012, it was found, that the samples thus collected on 24.01.2012, and as per the report submitted by the State Laboratory on 06.06.2012, the samples were not satisfying the norms, and the samples thus collected were not found to be of the standard quality. It was observed that the samples of Cozy Plus thus collected from the proprietorship firm did not confirm with the specification and the integration of salts, as it was required by the standard fixed.

4. The learned counsel for the applicant had argued the matter from the context of the provisions contained under Section 468 of the Cr. P.C., for the purposes of creating a bar from taking cognizance, after a lapse of period of limitation. A reasonable construction has had to be drawn from the provisions contained under Section 468 of the Cr.P.C., as to how the period of limitation has to be construed depending upon the nature of offence, which is being sought to be tried and that too particularly, in relation to the offence under a special statute.

5. For the purposes, to later on deal with the argument in relation to the effect of Section 468 of the Cr.P.C., some dates would be necessary.

i. The samples were collected from M/s Manoj Medical Store, Kapkote, District Bageshwar, on 24th January, 2012. The samples thus collected were, since in the presence of the proprietor of the firm, thus the knowledge of the act of collection of samples, were attributed therein itself.

ii. The samples thus collected, since they were principally being supplied by M/s Abhishek Enterprises, Haldwani to M/s Manoj Medical Store, Kapkote, Bageshwar, the distributor/supplier of M/s Manoj Medical Store, Kapkote, Bagshwar, was also noticed on 1st August, 2012, after the State Laboratory report dated 06.06.2012.

iii. It is after the notice being issued to the distributor, show cause notices were also issued to M/s Ind Swift Ltd., Rajendra Nagar, Kalagarh Road, on 16th August, 2012, 11th September, 2012 and 26th September, 2012. Since M/s Ind Swift Ltd., was the bulk supplier to the principal supplier i.e. M/s Abhishek Enterprises, who had its Central Warehouse in Punjab, a show cause notice was issued to M/s Ind Swift Ltd. on 5th October, 2012. In turn thereto, after the issuance of the notice to M/s Ind Swift Ltd., and the information was also sent to the principal producer, i.e. M/s Ind. Swift Ltd. Solan, Himanchal Pradesh, on 19th November, 2012 and Form-13 dated 17th Decem