RAJESH RAMANLAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since common question of law is involved in both these matters, they are being disposed of together by this common judgment.

(2.) The question of law raised in these applications is concerning about the valuable right of the accused, as envisaged under Section 25(4) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as "the Act"), requesting the Court to send the sample of drug produced before it to the Central Drugs Laboratory, where the complaint against the accused is filed much after the shelf life of the sample expired.

(3.) In this case, the petitioners as Directors of one M/s Divine Life Care Pvt. Ltd., Ahmedabad along with the Company itself prosecuted for manufacturing of a Drug named "Rabivin-20 Tablets" found to be spurious Drugs making them liable for prosecution under Sections 18(a)(i), 18(a)(vi) punishable under Section 27 of the Act. One Mr. L.R.Patel, Drug Inspector, empowered under the Act to act as Drug Inspector in the Ahmedbad City, took a sample of aforesaid tablets from M/s Clavin Life Sciences, Naroda, Ahmedabad for the purpose of test by Government Analyst after following the due procedure prescribed under the Act and Drugs and Cosmetics Rules, 1945 (hereinafter referred to as "the Rules"). The said sample was drawn on 13.02.2014 and sent for the purpose of analysis to the Government Analyst, Vadodara on 21.02.2014.