STATE OF HARYANA Vs. AVANINDRA KUMAR BANSAL

JUDGEMENT

(1.) THIS is a revision petition filed by the State of Haryana directed against the judgment passed by the learned Additional Sessions Judge, Kaithal dated 2.3.1993. By virtue of the impugned judgment, the learned Additional Sessions Judge, set aside the order passed by the Chief Judicial Magistrate, Kurukshetra dated 30.4.1990. By the impugned order, the respondents were discharged.

(2.) ON 13.4.1983, the Drug Inspector took sample of medicine Gentamicin eye drops from the premises of Haryana Medical Stores, Dhand. On 19.4.1983 one part of the sample was sent to Government Analyst, Haryana, Chandigarh. Government Analyst in the reports dated 7.10.1983 declared that the sample did not contain Gentamicin base against the declared quantity of 0.6 m.g. as indicated on the label of the sample. A copy of the report was sent to Haryana Medical Store, Dhand. It was directed to disclose the name and particulars of the persons from whom the said drug had been purchased.

(3.) ONCE the complaint had been filed, on 21.12.1988 the respondents moved an application under Section 25(4) of the Drugs and Cosmetics Act, 1940 (hereinafter described as the 'Act'). It prayed for fresh analysis of the sample by the Central Drugs Laboratory, Calcutta. The Chief Judicial Magistrate sent the sample and report dated 31.3.1989. The sample could not be tested because the shelf life had expired way back in April, 1984.