MAYANK PANDYA AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These criminal misc. petitions have been filed on behalf of the petitioners being aggrieved with the orders dated 18.09.2015 passed by the Additional Sessions Judge, Banswara (hereinafter to be referred as 'the revisional court') in Criminal Revision Petition Nos.28/2013, 29/2013, 30/2013, 31/2013 and 32/2013, whereby the revision petitions filed by the petitioners have been dismissed. The said revision petitions were filed by the petitioners being aggrieved with the orders dated 05.09.2013 passed by the Additional Chief Judicial Magistrate, Banswara (hereinafter to be referred as 'the trial court') in Case Nos. 168/2010 and 169/2010, whereby the trial court ordered for framing charges against the petitioners for the offences punishable under Sections 27(b)(i), 27(c) and 27(d) of the Drugs and Cosmetics Act, 1940 (hereinafter to be referred as 'the Act of 1940').

(2.) Mayank Pandya (petitioner No.1 in SB CRLMP Nos.3429/2015 and 3367/2015) is the registered pharmacist of M/s Om Medical General Stores, Banswara (petitioner No.2 in SB CRLMP Nos.3429/2015 and 3367/2015). M/s Pharma Traders (HUF), Jaipur and Ravi Kumar Mehta (Petitioner Nos.1 and 2 in SB CRLMP No.3361/2015 respectively) are the distributors, whereas Kamlesh, Naveen Toliya and Sharad N. Wadaliya (petitioner Nos.1 to 3 in SB CRLMP Nos.3368/2015 and 3427/2015 respectively) are the Directors of a pharmaceutical company viz. M/s Vertex Pharmaceuticals Pvt. Ltd., Indore (MP).

(3.) Brief facts of all the cases are that the Drugs Inspector, Banswara on 05.01997 and 17.01997 inspected petitioner firm-M/s Om Medical General Stores, Mohan Colony, Banswara in the presence of its registered pharmacist petitioner-Mayank Pandya and took samples of Synerlox Capsules. The said capsules were sent for chemical examination on 05.01997 and 18.01997 respectively to the Government Analyst, Jaipur. The Government Analyst, Jaipur sent its reports dated 26.05.1997 and 27.01997 respectively of said capsules, wherein it was observed as under:-