PARKIN LABORATORIES Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant petition under Sec. 482 CrPC has been preferred by the accused petitioners for assailing the order dtd. 19/1/2021 passed by the learned Sessions Judge, Banswara rejecting the Criminal Revision Petition No.26/2019 filed by the petitioners and affirming the orders dtd. 13/5/2019 and 3/7/2019 passed by the learned Additional Chief Judicial Magistrate, Banswara in Criminal Regular Case No.248/2010, whereby charges were framed and read over to the petitioners for the offences punishable under Ss. 27(b)(i), 27(c) and 27(d) of the Drugs and Cosmetics Act for violation of the provisions of Ss. 18(a)(i), 18(a)(vi), 18(b) read with Ss. 16, 17, 17- A, 17-B of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as 'the Act of 1940'). The petitioners through this petition have also prayed for quashing of the proceedings of the criminal case referred to supra.

(2.) Brief facts relevant and essential for disposal of the petition are noted hereinbelow :-

(3.) Mr. Mridul Jain, learned counsel representing the petitioners, vehemently and fervently urged that allowing prosecution of the petitioners in this case is absolutely unwarranted because their mandatory right to have the second sample of the drug re-examined through Central Drugs Laboratory has been breached as the complaint came to be filed in the court concerned on 10/7/2003, by which time the shelf life of the drug had expired by almost four years and thus, the petitioners were deprived of their indefeasible right to lead evidence in contradiction of the Drug Analyst's report. He further urged that there is no allegation in the complaint or in the statements of the witnesses examined during pre-charge evidence that the petitioners Nos.2, 3 and 4 were in any manner responsible for the day to day affairs of the manufacturing firm/petitioner No.1 and hence, trial of these accused is vitiated. He, thus, implored the court to accept the miscellaneous petition, quash the impugned orders and also all proceedings sought to be taken against the petitioners in furtherance thereof.