ASHOK SURESHCHAND BAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioners are being prosecuted for offence under section 18 (a) (i) read with section 16 (1) (a) punishable under section 27 (d) of the Drugs and Cosmetics Act, 1940 (hereinafter called the said Act) and the Rules thereunder on a complaint filed by Drugs Inspector, Wardha. An application for dismissal of complaint for want of jurisdiction and on other grounds was filed on 5-4-1994. The Magistrate vide order dated 28-6-1995, discharged the petitioners under section 245 (2) of Cri. P. C.

(2.) THIS order was challenged by the State in revision before the Sessions Court, Wardha and the Sessions Judge, Wardha, vide order dated 18-5-1998 set aside the order dated 28-6-1995 of the Judicial Magistrate First Class and the parties were directed to appear before the trial Court with further direction to expedite the trial. This order is subject matter of challenge in this writ petition. Learned Advocate for the petitioners took me through the facts of the case and has basically argued on the following points:-

(3.) ON 6-8-1993, the Drugs Inspector, Wardha drew four samples (each portion of 100 ml.) of Doctor Brand Liquophin Phenyl (Black Disinfectant Fluid) Grade II, Batch No. 74/93 having manufacturing date 5/1993 and expiry date 4/1994 from Suresh Bahadurchand Khatri, proprietor of M/s. Kiran Medical and General Stores at Hinganghat, District Wardha. The said item is manufactured by M/s. B. D. N. Pharmaceuticals, W-4, M. I. D. C. , Nagpur, who is petitioner No. 4. The petitioner Nos. 1 to 3 are the partners of petitioner No. 4. The said firm has licence for manufacture of drugs under the said Act and Rules, which was granted on 18-3-1975 and was valid upto 31-12-1994. The four samples were effectively sealed, out of which one was handed over to proprietor of M/s. Kiran Medical and General Stores, Hinganghat. Another sample was sent to Government Analyst, Maharashtra State, Bombay. The Government Analyst vide report dated 1-2-1994 declared that the said sample is not of standard quality as defined in the said Act and Rules. The Drugs Inspector sent a copy of the report to M/s. Kiran Medical and General Stores, Hinganghat vide letter dated 10-2-1994. On 11-2-1994, the Drugs Inspector recorded the statement of Suresh Khatri, proprietor of M/s. Kiran Medical and General Stores, Hinganghat. By order, dated 25-2-1994, M/s. B. D. N. Pharmaceuticals Limited, Nagpur, petitioner No. 4, was ordered to be prosecuted. On 2-3-1994, the Drugs Inspector sent copy of the report of Government Analyst to petitioner No. 4 and on 5-3-1994 the Drugs Inspector personally handed over the copy of the report of the Government Analyst and one sealed sample to Suresh Desai, partner of M/s. Jovial Pharmaceuticals. The Drugs Inspector also recorded the statement of S. P. Desai on 5-3-1994. The prosecution case is that the drug in question was sold by the petitioners to M/s. Trinity Marketing Company, Nagpur, who in turn sold the same to M/s. Jovial Pharmaceuticals, Gandhibag, Nagpur, who in turn sold it to M/s. Kiran Medical and General Stores, Hinganghat, District Wardha from whom the samples were taken. On 7-3-1994, the statement of Nitin Sadashivrao Shende, Salesman of M/s. Trinity Marketing Company was recorded. The petitioners were, therefore, prosecuted for the offences referred to above.