N K GUPTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE applicant No.5 is a company by name M/s.Omega Laboratories Limited and the business of the applicant No.5 is manufacturing drugs. Applicant Nos.1 to 4 are the directors of applicant No.5.

(2.) MR.P.V.Pawar, Drugs Inspector, Food and Drugs Administration, Satara, who was empowered to work as per the provisions of Drugs and Cosmetics Act, 1940 (hereinafter referred to as the said "Act") raided a shop at Malkapur, Taluka Karad which was run in the name and style of M/s.Vishwashanti Distributors and the said Inspector MR.Pawar seized medicine by name "AMPICLOX" having Batch No.B-147. The said sample was sent to the chemical analyst of the State Government on 17.12.1993. The test report was received wherein it was observed that the drug is "not of standard quality". The department filed complaint against applicant Nos.1-5 because after the raid, investigation was carried out and it was ultimately learnt by the department that the medicine was manufactured by the applicant No.5. After the filing of the complaint on 18.2.1995, summons in regard to the said complaint was served upon the applicant Nos.1-5 in March, 1997. Application under Section 25(3) and 25(4) of the said Act was made by the applicants on 22.4.1997 requesting the Court that the sample should be sent to the Central Drug Laboratory, Calcutta. That application was decided by the learned J.M.F.C. at Karad before whom the Criminal Case No.32 of 1995 was pending. The learned J.M.F.C. granted the said application by order dated 13.6.1997 and the sample was sent to the Central Drug Laboratory, Calcutta. The said laboratory by its report dated 20.7.1997 observed that the expiry date of the drug had already expired and no opinion can be given. Based on this observation, an application for discharge was filed before the learned J.M.F.C., Karad on 3.10.1997 under Section 245(2) r/w. Section 177 of Cr.P.C. as also the provisions of Section 23(4)(iii), 25(2), (3), and (4) of the said Act. That application was decided by the learned J.M.F.C., Karad and the learned J.M.F.C., Karad rejected the said application for discharge and further directed that the organisations like M/s.Vishwashanti Distributors, M/s.Himanshu Medical and M/s.Omega Laboratories Limited be joined as accused under Section 319 of Cr.P.C.

(3.) I have heard learned Advocate Mr.Gangal appearing on behalf of the applicants and learned A.P.P. Mr.Saste appearing on behalf of the State.