STATE OF RAJASTHAN Vs. S. MOHAN

JUDGEMENT

(1.) This Criminal Misc. Petition under Section 482 Cr.P.C. has been filed by the State of Rajasthan against the judgment dated 12.06.2013 passed by the Session Judge, Sirohi (hereinafter referred to as 'the revisional court') in a revision petition filed by the respondent.

(2.) Brief facts of the case are that on 24.11.1993 Drug Inspector has inspected the firm M/s. Laxmi Medicos, Jawal and found dry syrups of Compilox 4X2X40 ml (Ampicillin & cloxacillin for oral suspension). The Drug Inspector has seized the said dry syrups and out of which samples were taken out and sent for analysis. As per the analysis report the samples were found to be of sub standard. On the basis of the said allegations complaint was filed against the respondent and other co-accused persons for violation of Section 18(a)(i)/27(d) read with Section 16, 17(c)/ read with Section 18(a)(i)/27(d), 17(i)(F) read with Section 18(a)(i)/27 (b), 17(B)(d) read with Section 18(a)(i)/27(c), 18(a)/28, 18(B)/28A, 22(1)(cc)/22(3) of Drugs and Cosmetics Act, 1940 and the charges framed against the respondent and evidence of some of the accused persons have already been recorded.

(3.) During pendency of the trial an application was filed on behalf of the respondent under Sections 25 and 34 of Drugs and Cosmetics Act, 1940 before the Chief Judicial Magistrate, Sirohi (hereinafter referred to as 'the trial court') however the same has been dismissed vide order dated 10.01.2011.