IMPHA LABS Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 16.1.1990 passed by the 2nd Additional Chief Judicial Magistrate, Indore in Criminal Case No. 33 of 1987 extending the period of limitation under section 473 of the Criminal Procedure Code, 1973 (for short 'the Code').

(2.) FACTS giving rise to this revision petition are these. On 1.2.83, the Drug Inspector Ambala drew sample of Chloroquine Phosphate Injection (British Pharmacopeia) Batch No. 8202 (date of manufacture January 1982 and date of expiry January 1984) from M/s Khanna Medical Hall, Ambala City, this was manufactured by the applicant No. 1 which is a firm at Indore. The rest of the applicants are its partners.

(3.) THE applicant No. 1 replied to the Controller by its letter dated 8.10.84 stating that it has the control samples and there were no particles in them and the same will be produced before him. It was also stated in the reply that the drug had expired long back in January 1984.