INNOVA CAPTAB Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of present petition filed under Sec. 482 Cr.P.C., prayer has been made for quashing of Criminal Complaint Case No.2 of 8/6/2012 (Annexure P-5) and all consequential proceedings arising therefrom including summoning order dtd. 8/6/2012, passed against the petitioner for offence punishable under Sec. 28 of the Drugs and Cosmetics Act 1940 (hereinafter referred as to as 'Drugs Act') as well as order dtd. 21/12/2016 whereby the complaint case has been sent to the Court of learned Chief Judicial Magistrate, Sirsa for trial.

(2.) Briefly stating, facts of the present case are that on 8/10/2008 the inspecting team visited a chemist shop under the name of M/s Behal Medical Agency, Land Market, Sirsa; inspected the premises and took various samples of allopathic drugs in Form-17 for the purposes of test and analysis. Pursuant to the seizure made by the respondent, the drugs were sent to the Government Analyst and vide report dtd. 26/2/2009 (received by the Drug Inspector on 5/3/2009) in Form-13 issued by the Government Analyst in terms of Sec. 25(1) of the Drugs Act and the same was declared to be not conforming to the standard quality on account of the assay/potency of ciprofloxacin being less than the IP limits. Consequently, original test report and the third sample portion was forwarded to the petitioner vide letter dtd. 5/5/2009 by the respondent. On 8/3/2010, the investigating team along with drug authorities visited the manufacturing unit of the petitioner firm and directed it to submit certain documents by virtue of the letter dtd. 8/3/2010. On receipt of the aforementioned letter, petitioner firm submitted the requisite information and documents as demanded by the respondent. After receipt of the reply from the petitioner, sanction to prosecute was moved by the respondent on 16/3/2011 and the same was accorded by the Controlling Authority vide letter dtd. 13/10/2011.

(3.) Resultantly, respondent filed Criminal Complaint dtd. 7/6/2012 in the Court of learned Additional Sessions Judge, Sirsa and the same was registered vide Criminal Complaint Case No.2 of 8/6/2012 in terms of Sec. 32 of the Drugs Act for violation of Sec. 18(A)(1) thereof being punishable under Sec. 28. Pursuant to the filing of the complaint, the Additional Sessions Judge took cognizance of the offence by issuing summons to the petitioner vide order dtd. 8/6/2012. However, vide order dtd. 21/12/2016, it was observed by Ld. Sessions Judge that alleged offences took place in the year 2008 i.e. prior to the amendment in the Drugs Act, effective from 10/8/2009, as such the offences were triable by the court of learned Judicial Magistrate Ist Class, therefore, this case file was also sent to learned Chief Judicial Magistrate, Sirsa for disposal according to law. In pursuance to the order dtd. 21/12/2016, complaint case No.02 of 8/6/2012 was registered as Complaint Case No.154 of 21/12/2016 in the court of learned Chief Judicial Magistrate, Sirsa and the same is now pending adjudication.