DHARM PRAKASH ARYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Abhishek Krishna Gupta, learned counsel for the petitioners and Mr. Sunil Kumar Dubey, learned A.P.P. for the opposite party-State.

(2.) In Cr.M.P. No. 2268 of 2016, the petitioners have prayed for quashing the entire criminal proceedings in connection with C-III Case No. 182/2014, including the order dtd. 5/8/2014 passed by the learned A.C.J.M., Ranchi, whereby cognizance has been taken against the petitioners for the offence punishable under Sec. 27(d) of the Drugs and Cosmetics Act, 1940 and in Cr.M.P. No. 2259 of 2016, the petitioners have prayed for quashing the entire criminal proceedings in connection with C-III Case No. 183/2014, including the order dtd. 5/8/2014 passed by the learned A.C.J.M., Ranchi, whereby cognizance has been taken against the petitioners for the offence punishable under Sec. 27(d) of the Drugs and Cosmetics Act, 1940.

(3.) The allegations made in the complaint petitions instituted by the Drug Inspector are to the effect that the Drug Inspector had taken sample for the medicines namely NUKAZINE-1 and Nuryl Tablet for test analysis on 29/6/2005 from M/s Nav Shakti Drugs, P.O. Hehal, Ratu Road, Ranchi- 834005, which were taken for the purposes of check and inspection and collected and stored as per Form 17 and were sent to the Government Analyst, Central Drug Laboratory, Kolkata for their analysis in Form-13. It is alleged that the Government Analyst in the reports dtd. 4/10/2006 and 12/9/2007 declared the medicines to be sub-standard. On 4/11/2006 and 15/10/2007, the said test results were supplied to the petitioner- manufacturer. The Drug Inspector, Ranchi vide letter dtd. 4/8/2014 i.e. after lapse of more than 9 years of the date of collection of sample, requested the learned court of A.C.J.M., Ranchi to register the cases as against the petitioners and to take cognizance of the offence. On the said applications, the cases were registered as C-III 182/2014 and C-III 183/2014.