DIWAN CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition filed by Diwan Chand (hereinafter described as 'the petitioner') seeking quashing of the complaint filed by the respondents under Section 18(a)(i) and Section 27(d) read with Section 18(a)(vi) of the Drugs and Cosmetics Act, 1940 (hereinafter described as 'the Act').

(2.) THE relevant facts that a complaint had been filed against the petitioner asserting that on 12.2.1993, the Drug Inspector visited the shop of M/s Durga Medical Store, Sunam. He took samples of Paed. Sulphamethoxazole and Trimethoprim mixture. The manufacturing date of the same was July 1, 1992 and the expiry date was June, 1994. The samples of the drugs were sent for analysis to the Government Analyst, Punjab. He declared the sample below standard and spurious. After receipt of the report, the Drugs Inspector issued notice dated 11.5.1993 and 21.6.1993. The petitioner sent reply dated 2.7.1993 and expressed a desire that second sample be got tested from some reliable laboratory and this sample could not be of sub-standard quality. The petitioner wrote subsequent letters but with no effect. After the sanction was received, the complaint was filed in the Court of Chief Judicial Magistrate, Sangrur.

(3.) IN the reply filed by the respondents, it has been alleged that on receipt of the report of the Analyst, a notice was issued but within 28 days the reply was not sent. It was sent on 2.7.1993. The complaint was filed in Court on 24.5.1994. The accused-petitoner was summoned on 24.5.1994 and appeared on 16.8.1994.