STATE OF HARYANA Vs. BRIJ LAL MITTAL

JUDGEMENT

(1.) Leave granted. Heard the learned counsel for the parties.

(2.) On August 7, 1990 the District Drugs Inspector, Hisar (Haryana) visited the premises of M/s. Naresh Medical Agencies, (hereinafter referred to as the 'firm'), purchased two samples of sodium chloride injections (hereinafter referred to as the 'drugs') and sent portions of each of those samples to the Government Analyst for analysis. The Analyst submitted his reports on September 10 and 11, 1990 to the effect that both the samples were not of standard quality and were misbranded and adulterated within the meaning of Sections 17 and 17A of the Drugs and Cosmetics Act, 1940 ('Act' for short). The Inspector, on receipt of those reports, delivered copies thereof to the firm on September 17, 1990 along with a letter asking it to disclose the names and addresses and other particulars of the persons from whom the drugs had been purchased. In compliance therewith the firm, by its letter dated October 1, 1990, intimated the Inspector that M/s. Ajay Medical Agencies, Hisar and National Distributors, Sirsa, were the distributors of the drugs and M/s Mitson Pharmecutial Pvt. Ltd., Siblan, were the manufacturers. On getting that information the inspector apprised those firms/company of his having purchased the drugs from the firm and the reports of the Analyst.

(3.) The Inspector then filed a complaint against the above firms/company and their partners/directors in the Court of the Chief Judicial Magistrate, Hisar on August 31, 1992 alleging commission of offence under Section 27 of the Act by them. The Magistrate took cognizance upon the complaint and issued processes against the persons arraigned. Aggrieved thereby the three directors of the manufacturers (the respondents before us) moved the High Court under Section 482 of the Code of Criminal Procedure for quashing the proceeding initiated against them. By the impugned judgment the High Court quashed the proceeding as against the respondents on the ground that the prosecution was launched after the shelf life of the drugs had expired in the month of July, 1991 and as a consequence thereof they were deprived of their right under Section 25(4) of the Act to get the drugs tested by the Central Drugs Laboratory. Hence this appeal at the instance of the State of Haryana.