MAN MOHAN SOBTI Vs. BHARTI BACHLOO

JUDGEMENT

(1.) Petitioners have challenged the complaint filed by respondent against them before the Court of Chief Judicial Magistrate, Srinagar, under Sec. 18(a) (i) read with Sec. 27(d) of the Drugs and Cosmetics Act, 1940, and the proceedings initiated thereon.

(2.) It appears that the respondent Drugs Inspector has filed a complaint for offences under Sec. 18(a) (i) read with Sec. 27(d) of the Drugs and Cosmetics Act, 1940 [for short "the Act" hereinafter] against the petitioners and four more accused before the Court of Chief Judicial Magistrate, Srinagar, and on the basis of the said complaint, the learned Magistrate has, vide order dtd. 21/08/2014, after observing that, prima facie, commission of offences under Sec. 18(a) (i) read with Sec. 27(d) of the Drugs and Cosmetics Act, 1940, are made out against the accused including the petitioners herein, issued process against the accused.

(3.) In the complaint it has been alleged that on 25/04/2013, when the complainant conducted a routine inspection of drugs in Sub District Hospital, Pampore, she lifted the sample of certain drugs for test/analysis including the one pertaining to "NIMTH {Injection IP} (Batch No. NP-11-63, Mfg. Dt. 09/2011 Exp. Dt. 08/2013" manufactured by M/S. Nitin Life Sciences Limited. The sample was sent to Government Analyst, CDL, Kolkatta and vide his certificate bearing test No. 32-20/2013-SS/DCA(J)-15/1278 dtd. 12/06/2013, issued in terms of Sec. 25(1) of the Act, the sample of the drug in question was declared to be not of standard quality as defined under the Act and it was observed that the sample does not conform to I.P. with respect to assay of Methylergometrine maleate. The complainant thereafter addressed a communication bearing No. JSZ/1-BB/SAMPLE-41/2013/681 dtd. 22/06/2013, to BMO, Sub District Hospital, Pampore, seeking details of the dealer from whom the drug in question had been purchased along with the relevant record. A copy of the test report of Government Analyst was also furnished to the BMO, who after collecting information sought vide the aforesaid communication, vide his reply dtd. 20/09/2013, conveyed to the complainant that the drug in question had been supplied to the Hospital by M/S. Manchanda Medicos Shalimar Bagh, New Delhi. Accordingly, the complainant issued another communication dtd. 25/10/2013 to M/S. Manchanda Medicos, New Delhi, seeking disclosure with regard to dealer from whom the drug had been purchased. Vide reply dtd. 19/11/2013, M/S. Manchanda Medicos informed the complainant that the drug in question has been manufactured, sold and supplied by M/S. Nitin Lifesciences Limited, of which petitioners happen to be the Directors. A communication bearing No. JSZ/1-1/BB/SAMPLE/41/2013/1030 dtd. 28/11/2013 was addressed by the complainant to the aforesaid manufacturers seeking stock purchase and sale record of the drug in question. A sealed sample portion and copy of the test report of the Government Analyst was also sent to the company.