By way of instant petition filed under Section 482 of Code of Criminal Procedure, prayer has been made on behalf of the petitioners herein for quashing of Complaint Case under Drugs and Cosmetics Act/0000012/2022 (CNR No.HPSO11-000598-2022) for contravening Sections 18(a)(i) read with Section 16, punishable under Section 27(d) of the Drugs and Cosmetics Act, 1940, along with all other consequential proceedings, including the order of cognizance dated 07.09.2021 passed by the learned Judicial Magistrate First Class, Nalagarh, District Solan.

2. Quintessential facts as emerge from the pleadings adduced on record by the respective parties are that on 04.06.2019, Drugs Inspector, CDSCO, Sub-Zone Baddi, inspected the premises of Medical Store, Military Hospital, Jalandhar Cantt., and drew samples of tablet Medtoin (Phenytoin Sodium Tabvlets IP) (Batch No.SPT190048A, manufacturing date January 2019, expiry date December 2020, manufactured by M/s Salus Pharmaceuticals, petitioner No.1-Firm) for the purpose of test and analysis on Form 17 of the Drugs Rules, 1945. One sample portion was forwarded to Government Analyst, Regional Drugs Testing Laboratory, Kolkata (for short, ‘RDTL, Kolkata’) on 06.06.2019 along with a copy of Form 18 by the afore Drugs Inspector, which sample was received in the afore laboratory on 21.06.2019. Afore sample portion was analysed by the Government Analyst, who declared drug in question to be not of standard quality (Annexure P-1).

3. After receipt of aforesaid adverse report dated 11.11.2019 from RDTL, Chandigarh, letter dated 28.11.2019 was written to Officer-in Charge of ECHS of Jalandhar (the hospital from whom the sample was taken on 04.06.2019) conveying the adverse report. Along with afore letter, test report in Form 13 was also annexed (Annexure P-2). Afore hospital in return disclosed to the complainant that drug in question was acquired from Kumar and Bros, Jalandhar. Pursuant to notice dated 24.12.2019, afore Kumar and Bros, Jalandhar, disclosed the name of M/s Medroute India Pvt. Ltd., Jalandhar, as the source of acquisition of the said drug in question. Vide letter dated 24.01.2020, complainant conveyed adverse report to afore M/s Medroute India Pvt. Ltd., Jalandhar (Annexure P-4), which subsequently vide reply dated 29.01.2020, disclosed the name of petitioner No.1-Firm, as source of acquisition of drugs, however it attached the invoice of M/s Arvincare (Annexure P-5). The adverse report was conveyed to M/s Arvincare vide letter dated 14.02.2020, who disclosed the name of petitioner no. 1-firm. Complainant further conveyed the adverse report to petitioner No.1 vide letter dated 15.07.2020 (Annexure P-6) along with one sealed sample portion. Joint inspection of the premises of the petitioner No.1-Firm was carried out on 16.10.2020, whereafter permission to prosecute petitioner No.1 as well as its Directors came to be sought by complainant from Drugs Controller General of India vide letter dated 04.01.2021 (Annexure P-8). Afore authority gave permission to prosecute the petitioner as well as other accused vide letter dated 03.05.2021.

4. In the afore background, complaint sought to be quashed in the instant proceedings came to be filed in the Court of learned Judicial Magistrate First Class, Nalagarh, District Solan on 18.08.2021. Afore Court vide order dated 07.09.2021, took cognizance of the offence and consequently, summoned the petitioners to face the trial (Annexure P-10). Before afore case could be taken to its logical ends, petitioners have approached this Court in the instant proceedings for quashing of complaint as well as summoning order. Vide order dated 13.09.2023, further proceedings pending before the Court of learned Judicial Magistrate First Class, Nalagarh, District Solan, H.P., in complaint sought to be quashed were stayed, as a result thereof, no further progress has been made in the complaint. In the afore background, petitioners have approached this Court in t