UPENDRA P. BHATTAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition under section 397/401 CrPC has been filed by the petitioners being aggrieved with the order dated 28.02.2002 passed by Additional Sessions Judge, Barmer (for short 'the revisional Court' hereinafter) in Cr. Revision No.9/2000, whereby it has quashed the order dated 30.03.2000 passed by the Additional Chief Judicial Magistrate, Barmer (for short 'the trial Court' hereinafter) in Case No.535/1992. The trial Court vide order dated 30.03.2000 quashed the complaint preferred against the petitioners by the Drug Inspector, Barmer for the offence punishable under section 27B(1), 17A, 18A(1), 18C, 27D, 22A and 22(3) of the Drugs and Cosmetics Act, 1940 (for short 'the Act of 1940' hereinafter) on the ground that the said complaint was filed after a period of limitation i.e. 3 years.

(2.) Brief facts of the case are that the Drug Inspector, Barmer filed a complaint before the trial Court with the allegation that on 30.06.1988, he inspected M/s Chandra Medical Store situated at Laxmi Bazar, Barmer and collected four samples of A.L. Sodium Chloride and Dextrose Injection I.V., which was manufactured by M/s Gujarat Inject Ltd. Alondra, Tehsil Kalol, District Panch Mahal, Gujarat of which the petitioners were the representatives. It is alleged that the said samples of the drug were sent for chemical examination, however as per the Chemical Examination Report, they did not comply with the test for sterility and, therefore, after necessary compliance of the provisions of the Act, the said complaint was filed against the accused-persons.

(3.) The complaint filed by the Drug Inspector was challenged by the petitioners before the trial Court while claiming that for the violation of provisions of section 27B(1), 27D and 22(3) of the Act of 1940, the maximum punishment is 3 years, whereas the complaint against them was filed after 3 years and, therefore, cognizance cannot be taken against the petitioners as per the provisions of section 468 CrPC.