GHANSHYAM SARDA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present application has been filed under Section 482 of the Criminal Procedure Code for quashing of proceedings in G.R. case No. 2124 of 2006 pending before the learned Metropolitan Magistrate, 3rd Court, Calcutta arising out of Bowbazar Police Station/D.D. Case No. 344/2006 dated 27.09.2006 under Sections 120B/406/420/467/468/469/471/270 of the Indian Penal Code and Section 13 and 27 of the Drugs and Cosmetics Act, 1940 and all orders passed therein.

(2.) The fact of the Bowbazar Police Station/D.D./Case No. 344 dated 27.09.2006 is that Monozyme India Limited which is a company that supplies drugs and cosmetics to various medical establishments in India, supplied medical diagnostics kits to eight regional Blood Transfusion Centres. It was alleged that the kits did not contain any mention of expiry dates on the individual pouches. On receipt of the complaint, a preliminary enquiry was made on September 19, 2006 and September 20, 2006 at IBTML and NRS Medical College Blood Bank when it was detected that the kits supplied by the said company had manufacture date, expiry date, lot number printed on the outer packets but the same were missing on the inner pouches. Hence there was violation of relevant provisions of Drugs and Cosmetics Act, 1940. Random tests were made to check the efficacy of the kits and it was found that the kits suffer from lack of sensitivity thus purporting to be not of standard quality.

(3.) Thus, the company, its Directors, Managing Directors and others were accused of commission of the alleged crime. That after conclusion of investigation a charge sheet was submitted in 2006 followed by a supplementary charge sheet in 2008. In the said charge sheets the case made out is that the accused persons being the Managing Director, Directors of the Company and others hatched up a criminal conspiracy and in pursuance thereof sometimes in December, 2004 onwards managed to obtain orders for supply of Medical Diagnostic Kits.