P.S.CHHATWAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition Sections 397 and 401 of the Code of Criminal Procedure is directed against the orders of learned Sessions Judge, Bilaspur dated January 24, 2003 in Criminal Revision No. 5/10 of 2001.

(2.) In order to appreciate the controversy, few facts may be noticed: Petitioner P.S. Chhatwal is the Managing Director of M/s. Torque Pharmaceuticals Pvt. Ltd., Issapur in the District of Patiala (Punjab), whereas, Petitioner No. 2 A.I.S. Bedi is the Executive Director of this Company. The Drugs Inspector on February 3, 1999, inspected the premises of M/s. Aman Medical Store located near Primary Health Centre, Malokhar in village Malohar, P.O. Chakoh of Tehsil Sadar in the Districtof Bilaspur. He purchased a sample of drug "Cipromac" (Ciprofloxacin Suspension) manufactured by Torque Pharmaceuticals Pvt. Ltd., the company of the petitioners. One sealed container of the sample was sent to the Government Analyst at Kandaghat who found the sample to be not of standard quality. Respondent Nand Kishore, proprietor of M/s. Aman Medical Store, was informed about the report of the Government Analyst and supplied with a copy of the report of analysis. He was also asked to supply the purchase vouchers of the drug in question. M/s. Aman Medical Store informed the Drugs Inspector that he purchased the drug in question from Rajesh Rawal, Partner M/s. Bharat Medical Stores, Purana Bazar, Sundernagar by invoice dated June 8, 1998. Mr. D.K. Rawal, respondent, partner of M/s. Bharat Medical Store disclosed, pursuant to the inquiry by the Drugs Inspector, that this drug was purchased from M/s. Torque Pharmaceuticals Pvt. Ltd., Issapur. The Drugs Inspector accordingly informed Torque Pharmaceuticals about the report of the Public Analyst that the drug manufactured by them being not of standard quality. The Director of M/s. Torque Pharmaceuticals informed the Drugs Inspector to get the sample re -tested in a manner and method suggested by him in his letter. Drugs Inspector applied to the learned Chief Judicial Magistrate Bilaspur on July 14, 1999 for the analysis of the second part of the sample from the Central Drugs Laboratory, Calcutta. The Central Drugs Laboratory Calcutta also opined, after analysis of the sample, that the sample was below the standard prescribed.

(3.) Drugs Inspector filed a complaint under Section 18(a)(i) of the Drugs and Cosmetics Act, 1940, hereinafter referred to as "The Act", against the petitioners, Nand Kishore, Proprietor of M/s. Aman Medical Stores from where the drug was purchased by the Drugs Inspector for the purpose of analysis, Devinder Kumar Rawal, partner of M/s. Bharat Medical Stores distributor of the drug who supplied the drug to M/s. Aman Medical Store and Rajesh Rawal, second partner of M/s. Bharat Medical Store.