VIVEK PHARMACHEM (INDIA) LIMITED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The background leading to this petition under Article 226 of the Constitution of India is that the Drug Inspector sent a notice to the petitioner on 23/12/2020 stating therein that certain Drugs were seized from the Drug Store Community Health Centre, Kota and the house keeper informed that he had procured the said Drugs from the District Drug Wharehouse, Kota and DDW informed that the petitioner is manufacturer of the said Drugs. The Inspector informed to the petitioner that the Drugs were not of standard quality, for the reasons mentioned in the notice. A copy of the notice is at Annexure-4.

(2.) The petitioner filed an application before the Chief Judicial Magistrate, Kota for supplying one portion of the sample of the Drugs out of total four samples required to be prepared in view of the provisions of Sec. 23(3) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as "the Act").

(3.) Learned counsel submits that the four sets of samples, were to be acted upon as provided in Sec. 23(4) of the Drugs and Cosmetics Act. From the notice at Annexure-4, it is evident that the District Drugs Warehose, Kota, disclosed under Sec. 18A of the Act that the Drug was procured from the petitioner. Therefore, the law under Sec. 23(4)(iii) read with Sec. 18A of the Act, requires that the petitioner should be provided with one set of the sample of the Drugs.