STATE Vs. MODERN LABORATORIES

JUDGEMENT

(1.) This Petition impugns the Judgement and order dtd. 6/5/2019, passed by the Judicial Magistrate First Class, South Goa, Margao in Criminal Case bearing No.AOA / 83 / 2019 / G, to the extent of the order passed, on the Reply dtd. 30/3/2019 filed by the Respondent, at Exhibit -D5 and the Judgement and order dtd. 20/11/19 passed by the Principal Sessions Judge, South Goa at Margao in Criminal Revision Application No.46 of 2019, whilst dismissing the revision application and confirming the order dtd. 6/5/2019.

(2.) It is the case of the Petitioner, that vide letter dtd. 1/8/2018, the Petitioner received a complaint from the Office of the Administrator, Medical Officer, ESI Scheme, Panaji, with respect to Cephalexin Oral Suspension drug IP ('the drug' for short) being unfit for human consumption, pursuant to which the Petitioner on 3/8/2018 whilst adhering to Sec. 23 of the Drugs and Cosmetics Act, 1940 ('the Act' for short), drew samples of the drug at the ESI Dispensary, Verna, manufactured by the Respondent Company and sealed them into four packed portions separately ; one portion was kept with the ESI Verna, the other was forwarded by the Petitioner to Government Analyst at Food and Drugs Laboratory, Bambolim.

(3.) Vide report dtd. 13/8/2018, the Government Analyst Laboratory at Bambolim declared the drug sample to be not of Standard Quality as per the Description, Assay and Stability. Thereafter, the Petitioner, in accordance with Sec. 25 of the Act, sent the report dtd. 13/8/2018, to the Office of the Administrator, Medical Officer, ESI Scheme, Panaji who then recalled the stock of the drug supplied to various hospitals and dispensaries, directing them to stop the use of the drug and to furnish copies of purchase invoice as to from where it was purchased.