REGENCY HEALTHCARE AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present revision petition is directed against the order dated 21.12.2016 passed by learned Additional Sessions Judge, Hisar whereby charge has been framed against the present petitioners for the offences punishable under Sections 18(1)(i) read with Sections 17, 17A and 17B of the Drugs and Cosmetics Act, 1940 (for short, "the Act").

(2.) Facts relevant for the purpose of decision of the present petition; that Drugs Control Officer, Hisar filed a complaint under Sections 16, 17, 18/27 of Act and Rules framed thereunder on the ground that the same drug was found to be of not standard quality being spurious, misbranded and adulterated and not of standard quality.

(3.) Thereafter, Shri Y.S. Rathore, learned Additional Sessions Judge, Hisar passed order dated 2.7.2013 for summoning the accused persons to face trial for commission of offence punishable under Sections 27(c), 27(b)(i) and 27(d) of the Act. Subsequently, the said Court of learned Additional Sessions Judge on 14.10.2013 (since the Court was not designated Court to entertain the complaint) passed the order and sent the case to learned Sessions Judge, Hisar, who in turn sent the case to the Designate Court i.e., learned Additional Sessions Judge vide order dated 15.10.2013 and passed the following order :-