KIRAN DEV SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) M/s. Rose Chem is a manufacturer of drugs in the Industrial Area, Chandigarh. Kiran Dev Singh is its proprietor. A complaint dated December 15,1988 filed under the signatures of the Drug Inspector, Mandi, is pending trial in the court of the Chief Judicial Magistrate, Mandi.

(2.) The complaint says that a sample of Furalin suspension (Batch No. RFD) manufactured by Rose Chem, having a license under the provisions of Drugs and Cosmetics Act, 1940 (briefly the Act) was found to be of non -standard quality in the report dated September 28, 1988, by the Government Analyst, Punjab. The sample said to have been drawn from the supply of Furalin suspension, a drug for Diarrhoea, made by Kiran Dev Singh to the Sub -Centre Stores, Public Health, Mandi, on the basis of an order which had been secured by M/s. Easter Pharmaceuticals Laboratory, Parwanoo, from the Chief Medical Officer, Mandi.

(3.) The allegation in the complaint further is that the sample having been found to be of a drug which was not of standard quality, the Incharge of the Sub -Centre Stores was intimated about the fact by the Drug Inspector vide letter dated October 4, 1983. The Incharge was required to disclose the name of the person from whom he had received the drug. The Incharge disclosed the name of Easter Pharmaceuticals Laboratory, Parwanoo through his letter of October 6, 1988 and supplied the purchase invoice. In this purchase invoice no batch number of the drug was found mentioned.