K.C.GUPTA,J - (1.) THIS is a petition under Section 482 Cr.P.C. filed by the petitioners for quashing complaint No. 263/2 of 1995 pending in the Court of Chief Judicial Magistrate, Panipat, as well as summoning order dated 22.7.1995 annexed as Annexures P-5 and P-6 and order dated 6.10.1998, Annexure P-14.
(2.) BRIEFLY stated, the facts are that on 18.12.1991, Sh. Raj Kumar, Drugs Inspector visited M/s. Sachdeva Medicos, Railway Road, Samalkha, for the purpose of inspecting and sampling. During inspection, the Drugs Inspector purchased Sulphan Ss tablets Batch No. T-1209 manufactured by M/s. G.S. Pharmaceutial, Muzaffarnagar, petitioner No. 2, for sample and analysis, which medicine was found stocked for sale. The sample so purchased was divided into four equal portions and each portion was separately sealed and packed. Intimation of collecting the sample was given to M/s. Sachdeva Medicos Samalkha on Form 17, prescribed under the said rules, by handing over one sealed portion of sample and copy of Form 17. One sealed portion of the above portion was sent to the Government Analyst, Haryana, Chandigarh, alongwith memo of form 18 by registered post parcel. One copy of the form 13 bearing specimen impression of seal was sent by registered post to Government Analyst, Haryana, Chandigarh. Upon receipt of the report of Government Analyst, Haryana, Chandigarh, dated 22.1.1992, the sample was found to be sub-standard.
(3.) M /s. Sachdeva Medicos, Samalkha, intimated the office of Drugs Inspector that it had purchased the above mentioned drugs from M/s. Kamaldeep Pharma, Delhi, vide bill No. 15823 dated 18.12.1991. M/s. Kamaldeep Pharma, Delhi, in turn intimated that it had purchased the drugs vide bill No. 143 dated 10.6.1991 from M/s. G.S. Pharmaceuticals, Muzaffarnagar, U.P.;