A K BHAT Vs. STATE

JUDGEMENT

(1.) Quashing of Criminal Complaint No.121/2004 under Sections 18 (a) (i) read with Section 17-B punishable under Section 27 (c) and 27 (d) of The Drug and Cosmetics Act, 1940 and trial court's order of 1st March, 2004 summoning petitioners as accused, is sought in this petition on three counts.

(2.) Firstly, on the ground that patent and proprietary medicines are a class of medicines not falling within the Indian pharmacopoeia or any other recognized western pharmacopoeia and keeping in view their unique formulation, they cannot be analyzed as per any standard form test for any of the components of the drug sought to be tested.

(3.) Secondly, on the ground that statutory right of re-testing provided under Sub-section 3 of Section 25 of The Drugs and Cosmetics Act, 1940 stands defeated in view of respondent's Communication of 9th October, 2003 (Annexure- G) intimating that there is no residual quantity of sample for re-checking.