JITENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of the instant miscellaneous petition preferred under section 482 CrPC, 1973 the petitioners herein have approached this court seeking quashing of the proceedings of the complaint No.47/2013 pending in the court of learned CJM, Jalore for the offences under Sections 18(a)(i), 18(a)(vi) read with sections 16(1) (a), 17(c), 27(d) of the Drugs and Cosmetics Act, 1940.

(2.) I have heard the arguments advanced by learned counsel Mr. Pradeep Shah and learned Public Prosecutor and have gone through the impugned complaint as well as the other documents placed on record of the petition. The petitioners seek quashsing of the proceedings of the complaint on the ground that they were denied fair opportunity of challenging the report of Government Analyst opining that the drug in question was substandard.

(3.) It was contended that the requisite notice in terms of section 23 and 25 of the Drugs and Cosmetics Act was not given to the petitioners timely and thus, they were deprived of a fair and reasonable opportunity to challenge the said report by taking appropriate steps for getting the reserved sample examined from the Central Drugs Laboratory.