BIODEAL LABORATORIES PVT LTD Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY making this application under Section 482 Cr. PC, the petitioner, who was arrayed as an accused in C. R. Case No. 208/2002, challenges the order, dated 07. 04. 2007, passed by the learned Additional Chief Judicial Magistrate , Sonitpur, framing charge against the accused-petitioner under Section 27 of the Drugs and Cosmetics Act, 1940 (in short, 'the said Act' ).

(2.) THE case of the prosecution may, in brief, be described thus: On 04. 06. 2001, the complainant, who is an Inspector of Drugs, visited the business establishment of M/s. Pharm Assam, at Chawk Bazar, Tezpur, and took sample of Nivaquine-P, 60 ml. , lot 351, and sent the same for analysis to the Government Analyst. The test report, dated 01. 12. 2001, was received by the complainant, on 06. 12. 2001, with the Government Analyst's opinion that the product was not of standard quality as defined in the said Act and the Rules framed thereunder. After obtaining requisite sanction for prosecution of the present petitioner as manufacturer of the said drug, a complaint was lodged by the Inspector of Drugs and prosecution was accordingly initiated.

(3.) IN support of their case, prosecution examined as many as three witnesses including the complainant and on the basis of the evidence so adduced, a charge, under Section 27 of the said Act, was, as indicated hereinabove, framed against the present petitioner as an accused.