SHREE MEDICAL AGENCIES Vs. STATE

JUDGEMENT

(1.) Instant criminal misc. petition has been preferred on behalf of petitioner-firm M/s Shree Medical Agencies, seeking quashing of the proceedings in Cr. Regular Case No.6/2013 (No.294/2012): Drugs Controller Vs Medical Agency and others, pending in the court of Additional Chief Judicial Magistrate, Pratapgarh for offences under Ss. 16(a), 17(c), 17(B)(d), 18(a)(l)(vi)(b) and 27(c) (d) of the Drugs and Cosmetics Act 1940 and Rules of 1945.

(2.) The above proceedings were initiated at the behest of officers of Drugs Controller, Pratapgarh 23/4/2009 wherein samples of the drug Sulphadimidine was seized from shop of the petitioner. As per report of the Public Analyst dtd. 5/2/2010, the sample was found to be sub-standard. The expiry date of the aforesaid drug was April 2010 but the result of the Public Analyst's report was conveyed to the petitioner after lapsing of the expiry date of the drug and as such, the right of the petitioner to challenge the report of the Public Analyst has been infringed. Thus, it is prayed that the proceedings pending against the petitioner may be quashed on this sole count.

(3.) The manufacturer of the drug too preferred a criminal misc. petition (No. 1819/2015) before this Court for quashing of the proceedings against them and a coordinate Bench of this Court vide judgment dtd. 3/1/2018 has allowed the petition and the proceedings qua them have been quashed. The coordinate Bench while dealing with the issue observed as under: