SIMARJEET KAUR Vs. STATE

JUDGEMENT

(1.) THIS petition under Section 482 Cr. P. C. is directed against the order dated 13. 2. 2002 passed by the learned Chief Judicial Magistrate, Jodhpur and seeks quashing of the criminal proceedings pending against them in criminal case No. 99/95.

(2.) BRIEFLY stated the relevant facts are that the then Drugs Inspector Heeralal Bansal inspected the shop of M/s. Mahesh Medical Store, Sarrafa Bazar, Jodhpur on 18. 3. 93 and took sample of Gentapar (tropical cream) and Gentamycin Sulphate cream and sent one of the samples directly to the Director, Central Indian Pharmacopoela Laboratory, Rajnagar, Gaziabad (CIPL) and on examination and analysis, the same was found to be substandard. So, a complaint was filed before the learned Court below on 28. 11. 95 for various offences under Indian Drugs and Cosmetics Act, 1940 (hereinafter referred as `the Act of 1940' ). The learned lower Court took cognizance of the offences and summoned the petitioners whereupon they filed S. B. Criminal Misc. Petition No. 200/2000 before this Court and while deciding the same vide order dated 4. 5. 2000, this Court directed the petitioners to raise all the objections first before the learned trial Court. In pursuance thereto, the petitioners filed an application before the learned Court below wherein they stated that the sample was directly sent to the Director. CIPL and, thus, they have been denied an opportunity of getting the sample tested and analysed by the Director, CIPL and their valuable right to get the sample analysed and tested has been defeated. In this regard, reliance was placed on the judgment in M/s. Bharat Insecticides Ltd. vs. State of Raj. (1), and it was prayed that the proceedings may be quashed against them on the aforesaid ground.

(3.) I have given my anxious and thoughtful consideration to the submissions made at the bar and have perused the record as well as the authorities relied upon by the learned counsel for the petitioners.