ULTRATECH PHARMACEUTICALS AND OTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) Present criminal revision is filed under Section 397 read with section 401 of the Code of Criminal Procedure 1973 for setting aside the summoning order dated 18.4.2015 passed by learned trial Court in criminal complaint No. 124/3 of 2015 titled Union of India Vs. M/s Ultratech Pharmaceuticals and others.

(2.) Drug Inspector, Central Drug Standard Control Organization Sub-Zone Chandigarh filed complaint against accused persons under Section 18(a) (i) read with section 27 (d) of Drugs and Cosmetics Act 1940. There is recital in complaint that on dated 11.11.2013 complainant visited in the premises of M/s Ultratech Pharmaceuticals village Tipra Haripur road post office Barotiwala District Solan HP and drug samples were drawn and same were sent to government analyst. There is recital in complaint that drug samples were found not of standard quality by government analyst. There is recital in complaint that on dated 11.11.2013 during visit in the premises of M/s Ultratech Pharmaceuticals it was found that huge stock of drugs were lying for sale and distribution of drugs. There is recital in complaint that sample of C-Biotic Ear Drop was obtained. There is recital in complaint that report of government analyst was received and as per report of government analyst sample was not of standard quality as defined in Drugs and Cosmetics Act and Rules framed there under. There is recital in complaint that notice was issued to accused company/firm and accused company/firm did not notify their intention for retesting of the sample. There is recital in complaint that complainant personally visited in the premises on dated 3.9.2014 and verified the documents. There is recital in complaint that complainant obtained necessary permission for prosecution. There is recital in complaint that co-accused No. 1 to 12 are responsible for functioning of the manufacturing and are liable for the offence committed under Drugs and Cosmetics Act 1940. There is recital in complaint that co-accused No. 2 to 9 are partners of co-accused No.1 Firm and all accused persons are responsible for the conduct and affairs of accused firm. There is recital in complaint that co-accused No. 10, 11 and 12 are directly responsible for manufacturing and analysis of drug in question and offence has been committed under direct supervision of co-accused No. 10,11 and 12. There is recital in complaint that all accused persons be summoned and tried and be punished in accordance with law under Drugs and Cosmetics Act 1940. Learned Additional Chief Judicial Magistrate Nalagarh on dated 18.4.2015 held that there are sufficient grounds to proceed against accused persons for the commission of offence under Section 27(d) of the Drugs and Cosmetics Act 1940. Learned trial Court issued summoned to accused persons to appear before trial Court on 18.7.2015. On dated 18.7.2015 learned trial Court passed order that accused persons have failed to appear despite their proper service and learned trial Court issued arrest warrant against accused persons.

(3.) Feeling aggrieved against the order passed by learned trial Court on dated 18.4.2015 revisionists have filed present revision petition.