RAJ KUNWAR KALANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT Misc. Petition under Section 482 Cr. P. C. is directed against taking cognizance of offence under section 27 (b) (i) and 27 (d), 27 (c) for contravention of provisions in Section 18 (a) (i), 18 (a) (vi), 18 (b) read with Section 16 (i) (a), 17 (b), 17a (a) of Drugs and Cosmetics Act, 1940 ('the Act') vide order dated 30. 5. 1991 and summoning petitioners (accused Nos. 4 and 6) in Criminal Case No. 84/1991 pending before Chief Judicial Magistrate, Sikar.

(2.) PETITIONER Nos. 1 and 2 (accused No. 4 and 6 in complaint) are partners of M/s jaipur Pharmaceuticals Works, 22 Godam, industrial Estate, Jaipur (accused No. 8) (Firm) engaged in manufacturing of drugs and medicines.

(3.) VIDE letter dated 26. 7. 1988, Medical officer (Store), Shri Kalyan Hospital, Sikar reported to Chief Medical and Health officer, Sikar that injection "dexamethasone" manufactured by Firm (accused No. 8)bearing batch No. 106/88/manufacturing month january, 1988 and expiry date December, 1989 which was supplied to the hospital and after supply to Hospital's Wards on 26. 7. 1988, 44 vials of such injection in its stock were found having change in its original colour besides seemingly infected by fungus. This letter was endorsed to Drugs inspector who after inquiry prepared his report dated 28. 7. 1988 in the presence of medical Officer, ibid, and all 44 vials of aforesaid injection were seized and divided in four equal parts in the form of its sample and thereafter sealed in accordance with rules-one sample whereof as sent for analysis to the Director Central Drugs laboratory Calcutta, who in its report dated 18. 12. 1989 opined that sample was yellow coloured liquid containing large number of suspended articles visible in ordinary day light with unaided eyes and thus is not of standard quality and does not confirm to claim in respect of "dexamethasone phosphate" content-a copy whereof along with one sample vide show cause notice dated 24/4/1990 was sent by Drugs Inspector and delivered to Manager of accused No. 3 (Govt. Medical Store) on 23/5/1990.