SHANTI SHARAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been preferred against the order dated 11.5.1993, whereby the Additional Chief Judicial Magistrate, Patna City took cognizance against the petitioners under Sections 18 and 27 of the Drugs and Cosmetics Act, 1940 (hereinafter to be referred as "the Act") on a prosecution report filed by the Inspector of Drugs.

(2.) The brief facts leading to this application are that a complaint was filed under Sections 18 and 27 of the said Act in the Court of Additional Chief Judicial Magistrate, Patna City against the petitioners alleging that the petitioners are the partners of the Western Drugs and Pharmaceutical Company, Industrial Area, Fatwah, Patna. On 7.11.1990, the complaint was received in the office of the State Durgs Controller, Bihar, Patna regarding manufacturing of substandard drugs by the aforesaid Company. On receipt of the aforesaid complaint, the State Drugs Controller, Bihar, Patna constituted a raiding party and conducted raid on the premises of the said Company situated in the Industrial Area, Fatwah, Patna on 14.11.1990 and 17.11.1990. During the aforesaid raid it was found that manufacturing of drugs was being carried by Shri Ram Bilash Prasad, an unskilled labour whereas according to the Rules framed under the said Act, only the competent technical staff is entitled to direct and supervise personally the manufacturing activities of the factory. This amounts to violation of Rule 74(a) and Rule 71(1) of the rules. It is further stated that during raid, no record of manufacturing of drugs was also produced before the inspecting authority. It is also alleged that the accused-petitioners supplied Westogram Suspension having Batch No. 105 to Bharat Coking Coal Limited Hospital, Govindpur, Dhanbad on 30.7.1990 without getting the test report done by the approved technochem laboratory, Rajendra Nagar, Patna. The raiding party thereafter, checked the drugs at Bharat Coking Coal Hospital, Dhanbad and also collected some samples of Westogram Suspension of Batch No. 105 and sent them to the Central Indian Pharmacopoeia Laboratory, Ghaziabad (UP) of the said drug. A test report was received on 28.6.1991 that the said drugs were of substandard quality.

(3.) Show-Cause notices were served on the petitioners by the State Drug Controller, Bihar, Patna, but no reply has yet been received by them. Accordingly, the said complaint was filed by the complainant. On the basis of the aforesaid complaint, the impugned order dated 11.5.1993 has been passed by the A.C.J.M., Patna City. Being aggrieved and dissatisfied with the aforesaid order of cognizance, this application has been filed for quashing the same.