VIVEK PHARMACHEM (INDIA) LTD. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Notices were issued, however, learned Senior Counsel has argued the case. Hence, heard learned Senior Counsel.

(2.) The petitioner by way of this writ petition prays to quash and set aside the certificate of test or analyse the Government Analyst under-Section 25(1)-of the Drugs and Cosmetic Act, 1940 on the ground that the Drug samples which were tested were highly belated. It is for the prayer that no coercive action should be taken against the petitioner-company. This court finds that after-the result of the laboratory conveyed to the petitioner, show cause notice has been given to the petitioner company vide order dated 22nd May, 2020 by the Office of Drug Control Officer, Bharatpur, Rajasthan. The petitioner's matter is pending before the Disciplinary Committee. The petitioner has submitted representation to the Principal Secretary of Disciplinary Committee which has been placed alongwith additional affidavit and has taken the ground which the petitioner is taking before this Court. No decision as yet has been taken by Disciplinary Committee on the representation. Learned counsel however submits that in view of the judgment passed by the Supreme Court, this court ought to interfere at this stage and restrain the respondents from taking any decision on the said report as the same has highly been belated and the sample has been tested after a period of 23 months. Learned counsel has further submitted that the samples which were tested were not properly placed and the analyst report is defective and cannot be acted upon.

(3.) I have considered the submissions.