SHANTI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the petitioner. 2. In this misc. petition, the petitioner is challenging the proceedings pending against her in the Court of Addl. Chief Judicial Magistrate No. 2, Udaipur in criminal case No. 388/1996 for offence under Secs. 18A(1), 17C, 18A(6), 18A, 27A, 27D, 28 read with Section 16 of the Drugs & Cosmetics Act, Act, 1940.

(2.) THE main contention of learned counsel for the petitioner is that petitioner was impleaded as accused No. 3 in the complaint filed by the State and in fact medicine Oxyphenbutazone was seized from the firm M/s. Salgiya Medical Store, Udaipur which is said to be purchased from the petitioner firm and in fact the medicine was manufactured by the M/s. Unicure (E) Pvt. Ltd., Noida, UP, who was impleaded as accused No. 7 in the complaint filed by the State. It is contended that proceedings against M/s. Unicure (E) Pvt. Ltd. and Mr. Abdul Matin, Mr. R.A. Chawla, Mr. Abdul Rashid and Mr. Abdul Hamid were quashed by this Court vide order dt. 26.03.2007 passed in SB Criminal Misc. Petition No. 595/2002 and proceedings against M/s. Salgia Medical Store were quashed by this Court vide order dt. 28.07.2011 passed in SB Criminal Misc. Petition No. 508/2008 and against the petitioner, the only allegation is that she has purchased the said medicine Oxyphenbutazone from M/s. Unicure (E) Pvt. Ltd. and from petition, which was purchased by M/s. Salagia Medical Store. The proceedings against manufacturer and the purchaser have already been quashed on the ground that petitioners had a right to challenge the report of Government Analyst by having the same sent to the Central Drugs Laboratory. Hon'ble Apex Court in the judgment rendered in case of M/s. Medicamen Biotech Ltd. vs. Rubina Bose, Drug Inspector, reported in : 2008 (3) Scale 363 held that accused right to challenge the Government Analyst's report being infringed because the notice to the accused about the report of the Government Analyst was given after the expiry of the shelf -life of the sample.

(3.) LEARNED Public Prosecutor vehemently opposed the prayer of counsel for the petitioner and submits that case of the petitioner firm is not at par with the proceedings of other co -accused, therefore, this misc. petition may be dismissed.