AMERY PHARMACEUTICALS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) Appellant, a pharmaceutical concern, succeeded in stalling prosecution proceedings launched against it by a Drug Inspector for a long period of well over a decade by now, and the trial remains where it started at. In the meanwhile the appellant concern and its proprietor sauntered through all the tiers of the judicial hierarchy and reached the Apex Court and at all these forums they have one technical objection about the maintainability of the prosecution launched against them.

(3.) The events started on 30-4-1998 when a Drugs Inspector visited a medical retail shop at Kota (Rajasthan) and purchased a drug formulation by the trade name "Ashoka Liquid Extract." The said purchase was made for the purpose of sampling it under the provisions of the Drugs and Cosmetics Act, 1940 (for short "the Act'). When one of the portions of sample was tested by the Government Analyst (Jaipur) he reported that the sample was "mis-branded, adulterated and spurious drug." The retailer disclosed the address of M/s. Chetan Medical Stores, Kota (as the distributor or wholesaler) from whom the drug was obtained. On being contacted the said distributor disclosed the name of the appellant concern and its proprietor as the manufacturers of the drug.