ARVIND MITTAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has challenged the order dated 09.01.2020 whereby the learned Additional Sessions Judge, Bharatpur has refused to discharge the petitioner of the offence under Section 27 (d) of the Drugs and Cosmetic Act, 1940 (hereinafter referred to as 'the Act of 1940').

(2.) Learned counsel for the petitioner submits that the sample was collected of an unquoted tablet MAFSIS from the company which was stated to be manufactured in October, 2004. The disintegration time of the tablet was found upon the test being conducted as 72 minutes instead of 15 minutes as provided, and therefore, case under Section 27 (d) of the Act, 1940 was registered against the petitioner on 03.09.2015 and on 03.09.2015, cognizance was taken. The petitioner challenged the cognizance order pointing out that after the test was conducted at Forensic Science Laboratory (FSL), Jaipur the petitioner exercised the right under Section 25 (3) of the Act, 1940 in challenging the said FSL Report and therefore, the concerned sample was sent for re-examination to the Central Drugs Laboratory, Calcutta for a second report.

(3.) Learned counsel submits that the second report was submitted by testing of the concerned drug on 05.11.2007 and 21.11.2007, however such report by the Central Drugs Laboratory, Calcutta was of no avail and could not be taken into consideration as the expiry date of the tablet was September, 2007. The second report, therefore, cannot be said to be authentic nor can be looked into for holding the petitioner guilty of the charges and therefore, the cognizance taken by the court was unjustified. However, by the impugned order, the trial court has held that such aspect cannot be looked into at this stage and the matter can only be examined at the stage of trial. Learned counsel further submits that the petitioner cannot be forced to face the trial in case where prima facie, from the investigation and documents available before the Court, no case for conviction can be made out against the petitioner.