- (1.) This is a petition brought under the provisions of section 482 Cr.P.C. for quashing of complaint No. 28 of 2007 dated 1.2.2007 titled as State through District Drug Inspector, Amritsar Versus Jugal Kishore and another, pending in the court of learned Chief Judicial Magistrate, Amritsar for an offence punishable under section 18(1)(i) read with section 27(c) of the Drugs and Cosmetics Act, 1940 (for short, "the Act") and all consequential proceedings arising therefrom including the order dated 12.2.2007 (Annexure P10), whereby the petitioners have been summoned to face trial, being against the spirit and tenor of the Act as also the law laid down by Honble Supreme Court of India and is, therefore, gross abuse of the process of law.
(2.) The facts, in brief, are are the petitioners are manufacturing drugs. A drug by name, Polyvit (multi vitamin tablet) batch No. T-2287 was manufactured by the petitioners. Some of the said tablets were supplied to Bara Hindu Rao Hospital, Delhi 110 007. The sample of the said tablet was collected by Sh. Arvind Kukrety, an Inspector appointed under section 21 of the Act (for short, "the Drugs Inspector") on 6.4.2005 from the said hospital. Sample of the same tablet was also collected by the Drugs Inspector Sh. Dinesh Kumar Chauhan from M/s Jacksons Laboratories Pvt. Limited (for short, "the Laboratory") at Amritsar. The drug purchased for analysis was divided into four portions, was sealed and sent to Central Drugs Laboratory, Kolkata. Annexure P1 is the certificate of test or analysis by Government Analyst under section 25 (1) of the Act regarding the drug seized from Bara Hindu Rao Hospital, Delhi and Annexure P5 is another certificate for the tablets seized from the Laboratory. As both the reports had been to the effect that the sample did not conform to the claim made regarding the contents of the tablets in respect of vitamin A and folic acid, the complaint was made against the petitioners in the court of learned Chief Judicial Magistrate, Amritsar, for the aforesaid offence.
(3.) I have heard Mr. Sandeep Wadhawan, learned counsel for the petitioners and Mr. Mikhail Kad, learned AAG, Punjab for the State. I have gone through the record carefully.;