M.M.Gupta, J. - (1.) This application has been moved by Virendra Kumar Agarwal and Ravindra Kumar Agarwal for quashing the proceedings arising of Crl. Case No. 415 of 1978, State v. Virendra Kumar Agarwal and others under section 18/27 Drugs Act pending in the Court of Special Judicial Magistrate, Allahabad.
(2.) The complaint in this case was made by the Drug Inspector. It was claimed that on 5th February, 1975 the applicants supplied to the Deputy Chief Medical Officer, Allahabad and the Superintendent of Moti Lal Nehru Hospital, Allahabad the Drugs Handloom Bandages, Batch No. Nil Bill No. 1058. The Stores of Moti Lal Nehru Hospital, Allahabad were inspected by Sri P. Kamal on 12th April, 1975 and collected the sample of this bandages supplied by the applicants. These bandages were sent for the report of the Government Analyst who reported the Drug to be not of standard quality as it did not conform with the standard Laid down in I.S.I. Specification No. I.S.I 863 of 1969. Thereafter the complaint was filed for committing breach of the provisions of sections 18(a)(i), 18(a)(ii) and I8(a)(vi) of the Drugs and Cosmetics Act, 1950 and the Rules framed thereunder. The accused were summoned and the proceeding at the trial took place.
(3.) One of the question that has been agitated before me is whether the I.S.I. Standards apply to this provisions of the Drugs and Cosmetics Act or not.;