ZAKIR HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

(2.) The petitioner has questioned the order dated 28.05.2012 passed by the learned Chief Judicial Magistrate, Patna in Complaint Case No. 355 (C-2) 12 whereby cognizance has been taken against the petitioner under Sections 33-EEA (d) and 33-I of The Drugs and Cosmetics Act, 1940 (hereinafter referred to as "The Act").

(3.) One Ashok Kumar Dubey, a Drug Inspector (Ayurveda), lodged a complaint alleging that on the basis of the letter issued by the Joint Commissioner (HQ), Food & Drug Administration, M.S., one Drug Inspector, District Gr. Mumbai (Mumbai) drew a sample of HYPOWER MUSLI capsule, said to have been manufactured by M/S Renovision Export Private Ltd., Federal, A & K Road, Phulwarisharif, Patna. The aforesaid sample was sent to the Government Analyst for testing the genuineness of the drug. The test report in Form 13-A, issued by the Government Analyst, disclosed that the drug was not of standard quality and it was a spurious medicine in terms of Section 33-EEA (d) of the Act. Since the manufacturer of such sample of drug was stated to be M/S Renovision Export Private Ltd., the Proprietor of the said firm, namely, Zakir Hussain was made an accused with a prayer to put him on trial for the offence under The Drugs and Cosmetics Act, 1940.