MURARI LAL ARORA Vs. STATE OF H.P.

JUDGEMENT

(1.) The present petition has been filed under Section 482 of the Code of Criminal Procedure, against the summoning order of the petitioner in case no:93-I of 2007, under the Drugs And Cosmetics Act, 1940; in short "The Act", being the Director of M/s Arora Pharmaceutical (Pvt.) Ltd., a drug manufacturing Company.

(2.) In the month of March, 2006, a complaint was received from the Chief Medical Officer, Hamirpur and Medical Officer Inchrage PHC Mahal regarding non-satisfaction of the supply of sodium bi-carbonate Eardrop B No.E-176 and also that this drug was not safe to prescribe to the patients because it was lacking in contents of quality and salt including the preservative as displayed thereon.

(3.) The drug Inspector inspected the PHC Centre Mahal Tehsil Bhoranj District Hamirpur on 5.4.2006. Dr. Arun Kumar Sharma was the then Medical Officer Incharge. The Drug Inspector picked up samples of the said drug which was admittedly manufactured by M/s Arora Pharmaceutical (Pvt.) Ltd. and supplied on 14th February, 2006 vide Invoice No.C-6090/05-06 to Chief Medical Officer (C.M.O.) Hamirpur, who in turn had sent to CHC Bhoranj and PHC Mahal, for its use to the patients. One of the samples was sent for analysis to C.T.L. Kandaghat, as per procedure prescribed under the law. The said Laboratory submitted its report in triplicate on Form No. XIII declaring that "the sample of the said drug was not of standard quality."