SHIV NARAIN BANSAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure, 1973, for quashing the complaint filed against the petitioners under the Drugs and Cosmetics Act, 1940 (hereinafter called the Act) and for quashing all proceedings taken in pursuance thereof.

(2.) Factual position as stated in the petition is as under :

(3.) Petitioner No. 1 is running a Medical Store having retail drugs licence for the purpose of sale of drugs and is running store known as Bansal Medical Store, Railway Road, Palwal. On May 1, 1989, Shri M. P. Gupta. District Drugs Inspector raised the premises of the petitioners and took sample of 38 capsules of Oxytetracycline (I.P.) manufactured by Messrs Chemie Cure Pharmaceuticals near Jawala Textile Mills, Delhi Road, Gurgaon, in September 1988, expiry date of which was September, 1990. The sample of 38 capsules was divided into four portions, three portions being of six capsules each whereas the fourth portion contained 20 capsules. A portion of sample of 20 capsules of Oxytetracycline was sent to Government Analyst Haryana for analysis. The sample was declared to be not of standard quality by the Government Analyst Haryana.