DEVINDER KUMAR JAIN Vs. DRUGS INSPECTOR

JUDGEMENT

(1.) DEVINDER Kumar Jain of Faridabad is being prosecuted for offences under Section 18(4)(i) of the Drugs and Cosmetics Act, 1940 punishable under Section 27(d) of the Act and charge in this regard has been framed by Shri M.M. Bhalla, Chief Judicial Magistrate, Hoshiarpur on 8-5-87. Aggrieved against it the petitioner has moved this Court under Section 482 of the Code of Criminal Procedure and is seeking quashment. Briefly, the facts as alleged are that on 9-10-83 a sample of 'Septran Paediatric' was obtained from M/s. Cheap Medical Store, Mukerian and it was not found to be of standard quality, according to the Government Analyst Punjab's report dated 13-7-1984. The petitioner is the manufacturer and is the proprietor of M/s Wyles Pharmaceuticals, Faridabad.

(2.) THE petitioner has mainly challenged the proceeding alleging that the requirements of Section 25 of the Drugs and Cosmetics Act, 1940, have not been fulfilled. It shall be useful to reproduce the relevant provisions of Section 25 of the Drugs and Cosmetics Act, 1940, which are as under :-

(3.) A perusal of this piece of evidence shows that the Drugs Inspector did not send the sample to the Central Drugs Laboratory and the requirement of sub-section (3) of Section 25 of the Act which was mandatory, was not fulfilled.