I.N. GANDHI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, a prayer has been made to quash the proceeding pending before learned Chief Judicial Magistrate, Sirmour at Nahan, bearing complaint No. 05/03 of 2013, titled as State of H.P. through Drugs Inspector versus Ashok Kumar Tyagi and others, as against the petitioners.

(2.) Petitioners alongwith respondent No.4 are partners of the firm M/s August Remedies (respondent No.3). The said firm is engaged in manufacturing of drugs. The Drug Inspector had taken samples of 13 drugs manufactured by respondent No.3. Out of these, 2 samples were declared "not of standard quality" by Government analyst, CTL Kandaghat, District Solan, H.P. The Drugs Inspector after obtaining prosecution sanction, instituted a complaint before learned Chief Judicial Magistrate, Sirmour at Nahan under Sec. 18(a) (i) read with sec. 27 (d) of the Drugs and Cosmetics Act, 1940 (for short the Act). Besides respondent No.3, petitioners and respondent No.4 were impleaded as accused.

(3.) Petitioners have sought quashing of aforesaid complaint as against them on the grounds firstly that the prosecution as against them was not permissible in view of the provision of Sec. 34 of the Act. It is contended on behalf of the petitioners that from the bare perusal of contents of complaint and the documents annexed therewith, it is not made out that the petitioners were incharge of respondent-firm and were also responsible for conduct of its day to day business, secondly, the Test Analysis Report of Government analyst was not admissible in evidence, as full protocol of test was not furnished, thirdly the drug in question was not treated or analysed as per the validation provisions of second schedule of the Act, fourthly, drug inspector had not followed the correct procedure of sampling and despatch and lastly the samples were not stored to remain in same state/condition, as that of when they were acquired.