MUNISH SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India is directed against the proceedings initiated against Petitioner Munish Sharma who is a partner in the firm M/s. Edifice Laboratories at Ludhiana. The Petitioner prays that the proceedings initiated against him by the learned Judicial Magistrate 1st Class, Bilaspur, may be quashed and he be discharged.

(2.) Necessary facts for the disposal of this petition are:

(3.) Drugs Inspector for the District of Bilaspur lifted sample of drugs "Furazolidone tablets I.P.B. No. 2993, manufactured by M/s. Edifice Laboratories, 303-A, New Tagore Nagar, Ludhiana (Punjab), from the stores of District Hospital at Bilaspur on 30th September, 1997. The sample was found to be of sub-standard quality by the Government Analyst, Kandaghat. M/s. Edifice Laboratories were asked to supply the necessary records of sub-standard drugs relating to manufacture and testing of the drug and to explain as to why legal proceedings be not initiated against the firm for manufacturing sub-standard drugs. They were also supplied with the copies of the invoices by which the drug was purchased by the Government of Himachal Pradesh. The Company supplied the testing records of the drug in question but manufacturing records were not sent. The Drugs Controller Himachal Pradesh advised the Drugs Inspector to initiate legal proceedings against the firm and accordingly accorded permission to launch prosecution. It is in this background that a complaint was made, by the Drugs Inspector, under Section 18(a)(i) read with Section 27(d) of the Drugs and Cosmetics Act, 1940, (Drugs Act in short).