ELDER PHARMACEUTICAL LTD Vs. DRUG INSPECTOR

JUDGEMENT

(1.) This petition under Section 561-A Cr.P.C. is filed with the prayer that Order dated 23rd September, 2011, passed by Additional Sessions Judge, Anantnag, in Criminal Complaint No. 01/M dated 23rd September, 2010, be quashed.

(2.) In terms of the aforementioned order, the learned Trial Judge has taken cognizance of the offences under Section 18 (a) (i) read with Section 27 (a) of the Drugs and Cosmetics Act, 1940 (for short "Act of 1940") as amended upto 2009. After taking cognizance of the offences on the complaint filed by the Drug Inspector, process has been issued against the petitioner.

(3.) Learned counsel for the petitioner invited the attention of the Court to the report of the Government Analyst and to Section 27 (a) of the Act of 1940 and submitted that the offences, for which cognizance has been taken under Section 18 (a) (i), is not punishable in terms of Section 27 (a) of the Act of 1940. Learned counsel submitted that the Government Analyst has declared that the drug is not of standard quality. Learned counsel further submitted that Section 27 (a) would not be attracted in the facts of this case, as for attracting said provision the drug has to be adulterated or spurious. Learned counsel accordingly prayed for quashing of the order.