MEDISEARCH LABORATORIES Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioners have preferred this misc. petition for quashing of criminal proceedings in Criminal Regular Case No.74/1992 (State of Rajasthan through the Drugs Inspector, Bharatpur vs. Umesh Chand And Ors.) pending before the Chief Judicial Magistrate, Bharatpur.

(2.) It is contended by counsel for the petitioners that samples were taken by Drugs Inspector on 26/7/1984. The samples were sent to the State Analyst and the report of the same was received on 26/5/1987. It is contended that Eye drop Zincocid was manufactured in March, 1983 and the shelf life expired in the year 1988. Complaint was filed in the Court in 1992.

(3.) It is contended that petitioners were not given any opportunity to get the samples analysed by the Central Laboratory. It is also contended that there is no report to the effect that sample was not according to the prescribed standard. The only report is that crystalline suspended material were seen in the sample. It is also contended that complaint has been filed for the offences punishable under Sec. 27 (a) (b) (i) and (d) of the Drugs and Cosmetics Act, 1940 (for short 'The Act of 1940').