N H KHUSHROKHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - Instant Misc. petition under Section 482 Cr. P. C. is directed against taking cognizance of offence under section 18 (1) (i) and 18 (a) (vi) of Drugs and cosmetics Act, 1940 ("the Act") vide order dated 28. 5. 1999 and summoning petitioner in Criminal Case No. 102/1999 vide order dated 15. 7. 1999 of Chief Judicial Magistrate, Bundi.

(2.) PETITIONER Nos. 1 and 2 (accused No. 3 and 4 in complaint) are Managing Director and Director Burroughs Welcome (India)Ltd. ("company") which incorporated under companies Act and engaged in manufacturing of drugs and medicines.

(3.) ON 30. 9. 1997, Drugs Inspector visited m/s Janta Medical, Hall, Bundi of which smt. Razia Bai is Proprietor and took sample of "calpol Paediatrics Suspension syrup" bearing Batch No. K 112 with manufacturing date June, 1997 and expiry date may, 1999. Sample was sent for analysis to state Public Analyst, Jaipur who vide report dated 28. 2. 1998 opined that sample taken on 30. 9. 1997 does not conform to the claim with respect to "4-amino-phenol" a copy whereof along with show cause notice was sent by Drugs Inspector to M/s Nainani medico who forwarded it to petitioners in response whereof, petitioners sent letter dated 30. 11. 1998 controverting report of public analyst.