DIGITAL VISION Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) These petitions, assailing orders dated 11.03.2020 and 02.05.2020, passed by learned Chief Judicial Magistrate, District Sirmaur at Nahan, H.P. (hereinafter referred to as CJM) arising out of one and the same proceedings/inquiry, are being decided by this common judgment as the same are to be adjudicated on the basis of common material.

(2.) A partnership firm M/s Digital Vision, having licence and approval from the Drug Licencing Authority, under Drugs and Cosmetics Act, 1940 (hereinafter referred to as the 'Act') and Rules framed thereunder, had been manufacturing amongst others, the drug Coldbest-PC Syrup since 2014, in its Manufacturing Unit at 176, Mauza Ogli, Nahan Road, Kala Amb, District Sirmaur, H.P., till 15.02.2020, when it was directed to s manufacturing of this drug as well as all drugs having similar formula/composition under generic name or any brand name under its Drugs Manufacturing Licences, till further orders, for the reason that infant mortalities had taken place in Ramnagar area of Udhampur District (J and K) and it was observed by the team head of PGI, Chandigarh that Diethylene Glycol, purported cause of deaths, was found in Coldbest-PC Syrup pertaining to Batch No.DL5201 manufactured in September 2019, with expiry date August 2021, manufactured by the petitioner-M/s Digital Vision.

(3.) Vide order dated 11.03.2020, impugned in Cr.MMO No.180 of 2020 preferred by Parshotam Lal Goyal, partner of M/s Digital Vision, learned CJM, on application filed by the Drug Inspector, has permitted the Drug Inspector to draw additional samples of drug from the bulk seized by and in custody of Drug Inspector, for demand received from Government Analyst to send additional sample for testing the drug for Diethylene Glycol, as quantity sent earlier was found to be insufficient by Government Analyst to conduct test/analysis asked for.