COL. H.S. CHEHAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) (Oral) - The above detailed two petitions filed under Section 482 Cr.P.C. for exercising inherent powers of this Court, seeking in both quashment of criminal complaint bearing No. 0000048/2014 dated 22.07.2014 (Annexure P-1) under Rule 65(17), Rule 110 and condition No. 4 of para 5 of Schedule 'K' read with Rule 123 of the Drugs and Cosmetics Rules, 1945 (hereinafter to be referred as 'the Rules') and Section 18(a)(vi) of the Drugs and Cosmetics Act, 1940 (hereinafter to be referred as the Act") alongwith summoning order dated 22.07.2014 Annexure P-2 and all consequential proceedings arising therefrom and in the light of consanguinity of facts and law points are being disposed off together for the sake of brevity.

(2.) Heard Mr. R.S. Cheema, Sr. Advocate for the petitioner, Mr. C.L. Pawar, Sr. DAG, Punjab and Mr. Ravindra Jain, Advocate for the complainant and perused the records.

(3.) The undisputed facts are that one Kanwarjit Singh filed on 11.04.12 a complaint to the Director, Health Punjab enumerating that his mother, who was admitted in Fortis Hospital Mohali (a Unit Fortis Health-care Limited) now (Fortis Health-care India Limited, in short 'the hospital1) on 26.03.2012 for acute abdominal pain and during the course of treatment on 06.04.2012 around 07.30 p.m., he was attending to his mother in the hospital by her bed side when a nurse of the hospital came and with a view to administer her an injection named as "ROLES (RABEPRAZOLE) I. V. for 20 Mg. (RAN REXCEL) placed the same at the bed side. Out of curiosity being son Kanwarjit Singh had a curious look at the injection vial and observed that it was bearing expiry date as April 2011. Alarmed over this insolence and apathy of the hospital, the son made a complaint. The drug inspector inspected the pharmacy store of the hospital and obtained certain documents. After due process of law of holding inquiry, the inquiry team on 03.07.2012 arrived at a finding that drug to be administered to the patient had expired one year prior to the date of issue and that is how the present complaint was filed.