SHAMS ALAM KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an application under Section 482 CrPC. The applicants are manufacturers of drugs meant for veterinary purposes. It appears that on 20th February 1979 I. J. Saighal, Drug Inspector inspected the premises of Messrs Friends R. Medicure Chemists, 4 Subhash Marg, Ghaziabad and seized samples of Anti Rabid Vaccine of Dr. Khan's condition tablets. The labels attached to the containers of these medicines indicated that they had been manufactured by Dr. Khan himself at Vasant Vihar, New Delhi. One of the partners of the firm Messrs Medicure Ghaziabad gave out to the Drug Inspector that the drugs had been supplied to his firm by Shams Alam Khan applicant no. 1. He further informed the Drug Inspector that Shams Alam Khan would visit his shop for further supplies on 21-2-1976 at about 12 noon. On February 21, 1976 Shams Alam Khan came to the shop of Messrs Friends R. Medicure Chemist and the complainant took into his possession 11 items consisting of drugs and other articles. The Anti Rabid Vaccine and Canine Distemper Hepatitis Vaccine supplied by the applicant no. 1 were not labelled in the prescribed manner and were: allegedly misbranded.

(2.) THE authorities constituted under the Drugs and Cosmetics Act informed the Delhi Administration as to that was happening. This was considered necessary as the applicant's firm was Delhi based and as the firm happened to be situated at Vasant Vihar, the Deputy Drugs Controller, Delhi got the premises of the applicant at Vasant Vihar searched and found certain alleged irregularities. A complaint has been made to the competent court at Delhi by the appropriate officer authorised to do so under the Act. On the basis of that complaint a charge sheet as been drawn against the applicant. Another complaint was filed by the appropriate officer at Ghaziabad against the applicants. THE Illrd Additional sessions Judge, Ghaziabad on 6-10-1980 firamed as many as four charges against the applicants for violation of the provisions of the Act.

(3.) THE result is that this application party succeeds. THE IIIrd Additional Sessions Judge, Ghaziabad is directed to reframe the charges against the applicants in accordance with the observations made in the body of this judgment. Application partly allowed.