STATE OF MAHARASHTRA Vs. R A CHANDAWARKAR

JUDGEMENT

(1.) HEARD the learned Counsel; Mr. D. S. Mhaispurkar, the learned A. P. P. for the V. B. Ganatra, the learned Counsel for the respondents.

(2.) THIS is a Criminal Revision Application filed by the State of Maharashtra against the judgment and order dated 21st March, 1991, passed by learned Chief Metropolitan Magistrate, 11th Court, Kurla, Bombay in Criminal Case No. 82/s/90 discharging the accused/respondents with regard to the offences punishable under section 18 (a) (i) read with sections 16 and 34 and punishable under section 27 (d) of the Drugs and Cosmetics Act, 1940.

(3.) THE brief facts of the prosecution are that a Drug Inspector Mr. V. D. Patil, from the office of the Joint Commissioner, Gr. Bombay, Food and Drug Administration M. S. had visited the Centenary Municipal Hospital, Kandivali, Bombay on 29th September, 1987 and that he had drawn a sample of the drug namely Vanmycetin Opticop of Batch No. G. V. A 7011 manufactured by respondent No. 6 M/s F. D. C. Pvt. Ltd. being the original Accused No. 6. It appears that the said M/s F. D. C. Pvt. Ltd. had got the aforesaid Vanmycetin Opticops produced through M/s Gelsules Medicaps Pvt. Ltd. on a loan licence basis. It appears that the said M/s. F. D. C. Pvt. Ltd. viz. the respondent No. 6 herein had supplied the aforesaid Vanmycetin Opticops to the said Centenary Municipal General Hospital on 6th June, 1987. The said Drug Inspector Mr. V. D. Patil after taking the sample of the drug namely Vanmycetin Opticops from the said Hospital on 29th September, 1987, had despatched and delivered the same to the Government Analyst on 6th October, 1987. It appears that the said sample of Vanmycetin Opticops was analysed by the Government Analyst in the Drug Control Laboratory during the period from 9th October, 1987 to 15th October, 1987. The analysis was conducted under the control of Dr. A. D. Nadkarni, and was completed on 15th October, 1987. The Government Analyst had issued a report on 27th October, 1987 duly signed by Dr. A. D. Nadkarni. Thereafter it appears that on 30th October, 1987. Dr. Nadkarni seems to have signed the Protocols and other records pertaining to the aforesaid analysis of Vanmycetin Opticops.