2026:BHC-NAG:945 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 967 OF 2024

1. Mr. Ashwani s/o Ram Pyara Lamba, a/a 66 years, Occ-Director of M/s Oscar Remedies Pvt. Ltd. Oscar House, Badi Majra, Yamunanagar, Haryana.

2. Mr. Navdeep Kumar s/o Jagan Nath Dhingra, a/a 63 years, Occ-Director of M/s Oscar Remedies Pvt. Ltd. Oscar House, Badi Majra, Yamunanagar, Haryana.

3. Smt. Asha w/oNavdeep Dhingra, a/a 60 years, Occ-Director of M/s Oscar Remedies Pvt. Ltd. Oscar House, Badi Majra, Yamunanagar, Haryana.

4. Mr. Ashwani Kumar s/o Ramdut Kumar, a/a

34 years, Occ-Director of M/s Oscar Remedies Pvt. Ltd. Oscar House, Badi Majra, Yamunanagar, Haryana.

5. M/s Oscar Remedies Pvt. Ltd. Oscar House, Badi Majra, Yamunanagar, Haryana.

... PETITIONERS VERSUS State of Maharashtra at the instance of Nalanda B. Urkude, working as a Drugs Inspector, at the office of the Assistant Commissioner, Food & Drugs Administration M.S. Barrack No. 2, Unit No. 2 Complex, Gadchiroli.

… RESPONDENT _____________________________________________________________

Shri V.R. Borkar, Advocate for the petitioner.

Shri A.R. Chutke, APP for the State.

______________________________________________________________

CORAM: M.M. NERLIKAR , J .

DATE : 17.01.2026 .

ORAL JUDGMENT :

1. RULE. Rule made returnable forthwith.

2. Heard the learned Counsel for petitioners and learned APP appearing for the State. In the present petition, following prayer is made :

“II. Further be pleased to quash the criminal prosecution bearing S.C.C. No.637/2023 “State of Maharashtra Vs. Mr. Ashwani Lamba and other” pending on the file of learned C.J.M. Gadchiroli, Dist.- Gadchiroli against the petitioners in the interest of justice.”

3. The only question, which was raised in the present petition is the non-compliance of Rule 45 of the Drugs and Cosmetics Rules, 1945 (for short ‘the Rule, 1945’). Rule 45 reads as under :

“45. Duties of Government Analysts.- (1) The Government Analyst shall cause to be analysed or tested such samples of drugs as may be sent to him by Inspectors or other persons under the provisions of Chapter IV of the Act and shall furnish reports of the results of test or analysis in accordance with these Rules within a period of 60 days of the receipt of the sample.

Provided that where it is not possible to test or analyse the sample within the specified period, the Government Analyst shall seek extension of time from the Government giving specific reasons for delay in such testing or analysis.

(2) A Government Analyst shall from time to time forward to the Government reports giving the result of analytical work and research with a view to their publication at the discretion of Government.”

4. Learned Counsel appearing for the petitioners submits that there was no compliance of Rule 45 of the Rules, 1945. The Drug Inspector visited the City Medical shop on 12.07.2022, samples were drawn of RTZOL-DSR (Rabeprazole Sodium (EC) and Domperidone (SR) as Capsules Batch No.C-2111250, having manufacturing date as November 2021, and Expiry date as October 2023.

5. It is submitted that Rule 45 of the Rules, 1945 provides that Government Analysts to send the report within 60 days however in the present case the stipulated time of 60 days have not been complied and even extension which was sought by the Government Analysts was after expiry of 60 days and there was no compliance of Rule 45, therefore, the entire proceedings is vitiated and hence, the complaint deserves to be quashed and set aside. In support of his submission, he has relied upon the judgment of this Court in the case of Swapnil s/o Liladhar Mane and ors. vs. State of Maharashtra 2024(4) Mh.L.J. (Cri.) 673.

6. On the other hand, the learned APP vehemently opposes the present petition on the ground that, it is the petitioners, who was not able to send the samples to the Central Drug Laboratory, though the notice was issued on 12.04.2023 to the petitioner and it was served on 19.04.2023 along with the Chemi