MD. SAMI IQBAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been preferred by the petitioner for quashing the order dtd. 9/1/2003, passed by learned Chief Judicial Magistrate, Patna in Phulwarisharif P.S. Case No. 322 of 2011/Special - 3/13, whereby cognizance has been taken against the petitioner under Ss. 419, 420, 463, 464, 274 and 275 of Indian Penal Code read with Ss. 18(A), 17[B], 18[C], 27(D), 27(c), 27(b)(ii), 28 and 28[A] read with Sec. 36 (A) (C) of the Drugs & Cosmetics Act, 2008.

(2.) The case of prosecution, in short, is that on 13/7/2011, an inspection of the workshop of M/s Grace Pharmaceuticals was made at Phulwarisharif, Patna by a team constituted under the order of State Drug Controller, Bihar, Patna. It is further alleged that upon inspection of the premises, it was found that manufacturing activities was going on without any valid license and approval and in presence of competent persons, production of drugs excess and different to the limits of license, absence of proper labeling of the stock of the raw material and non-production of the purchase invoices of the raw material, absence of analytical report, violation of provision of Schedule (M) of the Act, production of banned drugs, amounting to offences under the provisions of banned drugs, amounting to offences under the provisions of Drugs Cosmetics Act, 2008. It is further alleged that production of drugs in absence of proper approval and license also made out an offence of cheating on account of causing loss to the government revenue, sales tax, income tax etc. The inspection was followed by preparation of a report, seizure of stock, records, registers and other documents from the premises, the seizure of original license and renewed license as well and other documents which formed part of the First Information Report.

(3.) The inspection report dtd. 13/7/11 signed by two Drug Inspectors, one Licensing authority, Assistant Drug Controller and one Police Officer shows that a team constituted of the said persons made an inspection where production was going on in the said workshop wherein one Md. Raza was putting seals over the filled bottles of the drugs and another Md. Iqbal was sticking labels over such filled bottles. It is further stated that other accused persons stated about the said workshop belongs to one Sami Iqbal, who happened to be the son-in-law of accused Abdul Sami and it was also stated that all the concerned licenses were in the name of Sami Iqbal only. It further appears in the report that accused Abdul Sami also produced copy of license and renewal thereof before the inspecting team, where in terms of the manufacturing license, the competent persons like manufacturing chemist and analytical chemist were not present, while the production activity was going on. It is further stated that both the ground floors and first floor of the premises were duly covered under license. It further appears from report that the control samples, batch manufacturing record, standard operating procedures, master formula record, batch packaging record and finished goods registers were not found at the premises, where labeling of raw materials was not in accordance with the rules. It further appears that the documents pertaining to the source and purchase of raw materials were also not found, where the provisions of Schedule 'M' were being violated. It also appears that hemoglobin 300 ml stock was found manufactured on 11/7/11 but labeling was done on 13/7/11, where the labels of finished drugs indicated marketing to be done by one M/s Ronford Organics, New Delhi but no production order was produced to have been issued by such company. It is further stated that the name of manufactures over the labels of finished drugs was not visible from naked eye, where "Nimesulide Suspension" was found lying in the premises inspite of being a banned drug. It is further stated that such other drugs were found manufactured, for which license and approval was wanted. It is further stated that the samples of drugs were collected for analysis vide Form 17 (A) and the seal of Smt. Sweta Rani, Drug Inspector, Patna - 3 was used to sealed the samples. It is further stated that the said Drug Inspector before the finalization of the inspection report took away the seal portion of the samples and form17(A) with her. It is further stated that despite of all efforts the details of form 17 (A) and the samples could not be mentioned in the inspection report and the FIR.