S.K. KAPUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) SECOND appellant Surinder Saini filed a complaint before the Chief Judicial Magistrate, Karnal, under Section 32 of Drugs and Cosmetics Act 1940 against the petitioner herein alleging as follows :-

(2.) COMPLAINANT purchased an ampoule of injection Deca Somaboline .25 manufactured by the petitioner bearing the manufacturing date as June 1985 and expiry date as August, 1988 from Jagdamba Medical Hall, Karnal, vide cash memo No. 24493 dated 4.5.1988 for his own use as prescribed by the Doctor. Before using the drug the complaint doubted it to be adulterated drug/sub-standard drug as he found it contained some pieces of body of some small insect. In complainant wrote a letter dated 9.5.1988 to the petitioner. The complainant got the drug analysed from the Government Analyst Haryana State Laboratory, Chandigarh. The report of the Government Analyst dated 21.7.1988 reveals that the drug is not of standard quality as defined in the Drugs and Cosmetics Act 1940 and the rules thereunder since the sample contained four pieces of body of some insect, like legs etc. such a drug cannot be used on a human being. The complaints sent a registered notice to the petitioner through counsel and informed about the report of the Govt. Analyst but the petitioner did not reply. The petitioner-accused has contravened the provision of Section 18(a)(i) read with Section 16 of the Act. 2. The learned Chief Judicial Magistrate, on the basis of the preliminary evidence held that there were prima facie grounds for summoning the petitioner-accused under section 18(1)(i) of the Drugs and Cosmetics Act, 1940 punishable under Section 27(b)(i) of the Act and ordered the petitioner to be summoned for 7.2.1989.

(3.) THE District Drug Inspector filed the following reply on behalf of the first respondent :-