- (1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of complaint No. 515-CJM of 31.10.2006 (Annexure P-11) titled 'Haryana State through District Drugs Inspector, Gurgaon vs. M/s Healer's Lab and others as well as summoning order dated 31.10.2006 (Annexure P- 12) and all the consequential proceedings arising therefrom.
(2.) Learned counsel for the petitioners has, inter alia, submitted that the sample had been manufactured in May 2005. The expiry date of the drug was mentioned as October 2006. Vide letter dated 11.10.2006, notices Annexure P-8 and P-9 were issued to the petitioners that the drug in question was sub standard. Complainant in question was filed on 31.10.2006. By that time, the shelf life of the drug had already expired. Hence, the valuable right of the petitioners to get the second sample tested had been frustrated.
(3.) Learned State counsel, on the other hand, has opposed the petition.;