ASHOK ARORA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This criminal application, preferred u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the judgment and order dated 19.5.2004 passed by the Additional Sessions Judge/FTC IV, Dehradun in Criminal Revision No.35/2003, Ashok Arora Vs. State & others, and also against the order dated 3.6.2003 passed by CJM, Dehradun in Case No.1198/2003, Drug Inspector Vs. Ashok Kumar & others.

(2.) Heard learned counsel for the parties and perused the material on record.

(3.) In brief, the facts of the case are that the petitioner is the Managing Director of M/s Spachem Laboratories. On 15.6.2001 the respondent no.2 in discharge of duties visited the shop of M/s Chawla Medical Stores, 7 Court Road Dehradun, where its proprietor Mr. Maninder Singh Chawla was present. During the course of inspection of above-said firm, two drug samples namely Spafen Tablets Batch SB003, DM=07/2000, DE=06/2003 purported to have been manufactured by M/s Spachem Lab. Pvt. Ltd. Muzaffarnagar and Procalm Tablets Batch T- 283, DM-10/2000, DE 09/2003 purported to have been manufactured by M/s Medicon Biologicals, Iraniwadi, Mumbai were collected as per the provisions of the Drugs and Cosmetics Act, 1940 [hereinafter to be referred as the Act] for test and analysis as per the provisions of the Act. In compliance of the provisions of sampling under the Act, necessary forms prescribed under Drugs & Cosmetics Rules, 1945 [hereinafter to be referred as the Rules], framed under the Act, were prepared on the spot in presence of prop. M.S. Chawla. Out of two samples described above, reported in respect of Spafen Tablets batch no.SB003, which was being declared not of standard quality by Govt. Analyst UP vide test certificate no.D/1537 dated 28.2.2003 was received in the office of respondent no.2. After the receipt of Test Report, a show cause notice was served upon M/s Chawla Medical Stores, Dehradun to explain his conduct in the matter. That in the interest of allowing an opportunity of explanation to the manufacture of the Drugs i.e. M/s Spachem Lab. Pvt. Ltd., a show cause notice along with a copy of test report on Form 13 and a sealed sample portion was sent by the registered post parcel, however the parcel was returned with the postal remark that the Firm does not exist. It was also stated in the complaint that another drug sample of Ibuprofen Tablets Batch T-003 purported to have been manufactured by M/s Spachem Laboratories Pvt. Ltd. with similar fault collected from the Medical Stores of Haridwar by the respondent no.2 which was also been declared substandard on same count by the Govt. Analyst CDL Kolkatta vide report dated 19.3.2003. That the Directors of M/s Spachem Lab. Pvt. Ltd. Muzaffarnagar and the Firm M/s Spachem Lab Pvt. Ltd. were found guilty for manufacturing of not standard quality drug falling under category "misbranded drug" under Section 17-C and spurious u/s 17-B(b) and (d) and also for obstruction in discharge of official duties of a Drug Inspector in finding the truth in respect of a misbranded and spurious drug which was manufactured and sold against public health in general in the State under Section 22(3) of the Act in collusion with the Postal Department which is evident from perusal of the receipt of parcel post and the alleged noting of the Postal Department regarding absence of a Drug Manufacturing Unit in a Mohalla (Munim Colony) of Muzaffarnagar which cannot be said to be unknown or not being in existence in the knowledge of postal people. On the basis of this complaint filed by the Inspector of Drugs, Uttaranchal on behalf of the Government, learned CJM Dehradun vide order dated 03.06.2003, took cognizance against the petitioner and summoned him under Sections 18(a)(i), 18(a)(vi) and 22/3, 27(c) and 22(3) of the Act. Feeling aggrieved, the petitioner preferred a revision which also came to be dismissed vide judgment and order dated 19.5.2004 passed by the Addl. Sessions Judge/FTC IV, Dehradun. Hence this petition.