BHANWARLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision petition is directed against the order dated 2.6.86 passed by the AddI. Chief Judicial Magistrate, Indore in Criminal Case No. 1589 of 1985 whereby he has rejected the petitioners contention that the complaint against his under section 18(2) read with section 27(a) of the Drugs and Cosmetics Act, 1940 (for short die Act) has been filed beyond the period of limitation as provided under section 468 of the Code of Criminal Procedure, 1973 (for snort the Code) and the Court could not take cognizance.

(2.) It is not in dispute that the petitioner manufactures vitamin B complex and the Drug Inspector, Indore had on 19.281 obtained sample of the same from him. On analysis the Government Analyst found it to be substandard and submitted his report dated 19.9.81 as required by section 25(2) of the Act. A copy of the report was given to the petitioner on 27.11.81. He submitted his reply dated 23.1281 but nowhere notified therein as required by sub-section (3) of Section 25 that he intends to adduce evidence in controversion of the report.

(3.) In the report it has been expressly mentioned that expiry date of the drug in question was 25.9.82. The Drug Inspector filed the complaint in the Court on 6.9.85 after be had received on 23.4.85 instructions dated 16.4.85 from the Drug Controller in this regard.