MEDIPOL PHARMACEUTICAL INDIA PRIVATE LIMITED Vs. POST GRADUATE INSTITUTE OF MEDICAL EDUCATION & RESEARCH

JUDGEMENT

(1.) Leave granted.

(2.) Having heard learned counsel for the parties, it is important to first set out a few basic facts:

(3.) What is clear from the narration of the facts stated above is that the Drug Inspector drew samples on 29.11.2017 which was long after supplies had been made to the Respondent on 08.04.2016 and complaints received. From the date of drawal of samples on 29.11.2017 till the date on which the samples were received by the Government Analyst on 26.12.2017, there is yet another delay of almost one month. Also, owing to no fault of the Appellant, the sample that could be sent to the Central Drugs Laboratory, Kolkata, under Section 25(3) of the Drugs and Cosmetics Act, was received by the aforesaid Laboratory only on 11.02.2019, long after the expiry date of the goods in question, which was in April, 2018. Even this sample, when tested, yielded a result of 92.01%, which is only roughly 3% below the required minimum standard. What is important to note is that the Government Analyst's report was shown to be completely wrong. Finally, to cap it all, after a post-decisional hearing given to the Appellant, the seven-member Committee opined that there was no reason to recall the blacklisting order based on the result of the first laboratory test report, completely ignoring the appellate test report.