STATE OF MAHARASHTRA Vs. PLETHICO PHARMACEUTICALS

JUDGEMENT

(1.) IN this criminal revision, the State of Maharashtra through Drugs Inspector, Food and Drug Administration, Maharashtra State, Akola, took exception to the order of First Addl. Sessions Judge, Akola, passed in Criminal Revision No. 60/93, entertaining the criminal revision challenging the order of issue of process against the non-applicants and consequently quashing the proceedings of Criminal Case No. 209 of 1991 pending in the Court of J. M. F. C. , Nagpur. According to the learned counsel for applicant, the issue i. e. "issue of process" is an interlocutory order and the Same is not subject to revision under Section 397 of the Code of Criminal Procedure, is involved in the present application and same issue is concluded and determined by the judgement of this Court in the case of Uttam Krishnaji Levarkar v. State of Maharashtra (1995 (1) Mah. LJ 95) (Per R. M. Lodha, J.), wherein it has been held that

(2.) THE respondent No. 1 M/s. Plethico Pharmaceuticals deals in manufacturing of various products including drugs known as Ampicilline and Cloxacilline under valid licence from the Competent Authority. On 3rd May, 1991, the Drugs Inspector, Akola, took out a sample of Ampicilline and Cloxacilline having batch No. TEN B No. 0056 manufactured on 10/90 and having expiry date 3/92. One of the samples was sent for analysis to Maharashtra State Drugs Control Laboratory, Bombay on 4-7-1991. The report of the analysis dt/- 17-7-1991 was received by Drugs Inspector on 1-8-1991. The copy of the report was forwarded to the accused by the Drugs Inspector vide letter dt/- 3-8-1991. Accused received the same on 8-8-1991. On 14-11-1991, a letter was received from the accused with the request to send another sample to be sent to Central Laboratory, Calcutta. According to the accused, earlier letter was sent to the same effect on 2-9-1991. The Drugs Inspector filed the complaint in the Court of Judicial Magistrate, First Class, Balapur on 24-12-1991. An application was moved by the Drugs Inspector requesting the Judicial Magistrate, First Class, Balapur, to forward another sample to the Central Drugs Laboratory, Calcutta for test and report. On 24th December, 1991 itself, the learned Judicial Magistrate, First Class, Balapur, registered the case as Criminal Case No. 209/91 and issued process to the non-applicants for the offence punishable under Sections 18 (a) (1) read with Sections 17,17a and 17b of the Drugs and Cosmetics Act. After the receipt of the report of Analyser, specifying that the drug is sub-standard with further report that the contents of cloxacilline is less than prescribed amount of 42. 61% and after obtaining permission from the Competent Authority, the complaint was filed in the Court of J. M. F. C. , Balapur.

(3.) THE non-applicants/accused received the summons of the Court on 25-2-1993 directing them to remain personally present before the Judicial Magistrate, First Class, Balapur, on 29-3-1993. Being aggrieved by the order of the issue of process against the non-applicants accused, the non-applicants preferred revision in the Court of Sessions Judge, Akola, seeking relief to the effect that the proceedings of Criminal Case No. 209/91 pending before J. M. F. C. Balapur and the criminal complaint filed by the Drugs Inspector be dismissed.