SWISS GARNIER LIFE SCIENCES Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners have challenged the complaint filed by respondent Drugs Inspector against them and the co-accused before the Court of Chief Judicial Magistrate, Srinagar, alleging commission of offences under Sec. 18(a)(i) read with Sec. 27(d) of the Drugs and Cosmetics Act, 1940.

(2.) It appears that on 26/4/2013, sample of a drug, namely, Zargo-50 (Losartan Potassium Tab IP) Batch No.BPSG12198, manufacturing date 10/2012, expiry date 9/2014, manufactured by petitioner No.1, was lifted from the premises of co-accused EFF AAY Traders Pharmaceutical Distributors House No.131, Nursingh Garh, Srinagar, by the respondent Drugs Inspector. One portion of the sealed sample of the drug was sent to the Government Analyst i.e., Regional Drugs Testing Laboratory, Sector 39-C, Chandigarh, and vide report dtd. 26/6/2013, it was reported that the drug in question is of standard quality.

(3.) Vide order dtd. 10/9/2013, passed by a Division Bench of this Court in PILNo.6/2013 titled Dr. Nisar ul Hassan and another vs. State of J&K and Ors., general directions were issued that the samples collected by Drug Inspectors be sent to more than one laboratories for testing so as to dispel any impression of error or any other extraneous consideration. Accordingly, the respondent Drugs Inspector sent sample of the drug in question to Central Drugs Laboratory, Kolkata, for re-analysis through the court of Judicial Magistrate, 1st Class, Jammu. As per the test report issued by Central Drugs Laboratory, Kolkata, on 28/2/2014, the sample in question was found to be of not a standard quality. Accordingly, the prosecution was launched against the petitioners who happen to be the manufacturers of the drug in question and the co-accused by filing a complaint before the Court of Chief Judicial Magistrate, Jammu, which later on came to be presented before the Court of Chief Judicial Magistrate, Srinagar.