HETERO LABS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of instant petition, petitioner has prayed for setting aside the order dtd. 15/6/2022, passed by learned Additional Chief Judicial Magistrate, Nalagarh, District Solan, H.P. in Complaint No. 239/4 of 2022, whereby the prayer of the petitioner to send the seized second sample, lying in the custody of the Court, for its analysis to Central Drugs Laboratory, Kolkata has been rejected.

(2.) Brief facts necessary for adjudication of petition are as under: -

(3.) Petitioner has assailed the impugned order dtd. 15/6/2022 on the grounds that it had not given up its right to challenge the Government Analyst Report. As per petitioner, its communication dtd. 13/7/2021 to the Drugs Inspector was in fact a notification under Sec. 25(3) of the Act and, therefore, the petitioner was well within its right to invoke the remedy under Sec. 25(4) of the Act, by making a prayer, before learned trial Court to send the seized sample for testing by Central Drugs Laboratory, Kolkata. Petitioner further contends that it had never admitted the report of Government Analyst to be correct, as the communication dtd. 13/7/2021, if read as a whole, would clearly spell out the intent of the petitioner. As a matter of fact, the petitioner had clearly communicated the factum of tests got conducted by it of Control Sample, CDSCO Sample and Hub Sample. As per contention of petitioner, merely because the petitioner had communicated its wish not to challenge the FDA results at that stage cannot be construed to be an act of giving up of its right under Sec. 25 (3) and (4) of the Act.