RAJAN BHARDWAJ AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of abovementioned two revision petitions as they have arisen out of the same impugned judgment and common question of law is involved therein.

(2.) On 2 1 2014, the premises of M/s Amit Medicine Centre, Bus Stand Road, Near Norang Ice Factory, Uklana Mandi, District Hisar, was inspected by the competent authority under the Drugs and Cosmetics Act, 1940 (hereinafter referred to as 'the Act'). Four types of drugs were taken for test and analysis out of which one sample was of Bonorwin Injection (Buprenorphine Injection), which was manufactured by Willmark Pharmaceutical Pvt. Ltd. , Amritsar (accused No. 3). This sample shall be referred to as the 'sample in question' hereinafter. After completion of formalities, the 'sample in question' alongwith other samples was sent to the Government Analyst Haryana, Chandigarh for analysis under a covering letter dated 23. 1 2004. A test report of the 'sample in question' was received on 2 0 2005, according to which, the sample was declared as 'not of standard quality' on account of following reasons:-

(3.) Notice dated 2 02. 2005 was issued to accused No. 2 and served upon it on the same date. Accused No. 1 was present at the time of service, but he could not disclose from whom he acquired the drug in question. On 26. 02. 2005, a report was sent to the State Drugs Controller, Haryana and request was made for permission to investigate the matter at the level of manufacturer. Pursuant to grant of permission, the complainant visited Amritsar on 21. 0 2005 and a copy of the test report dated 14. 02. 2005 with a sealed sample portion was handed over to the Managing Director of accused No. Certain documents were collected from the premises of accused No. Reply was also obtained and after perusal of the same the following observations were made by the complainant:-