- (1.) The instant miscellaneous petition has been filed by the petitioners seeking quashing of the proceedings and the charges framed against them by the learned Chief Judicial Magistrate, Dungarpur by order dated 24.4.2007 in Criminal Case No. 728/1994 for the offences under Sections 18-A (1) and 37 of the Drugs and Cosmetics Act (for short, "the Act"), Succinctly stated, the facts of the case, relevant for the disposal of the instant miscellaneous petition, are that the petitioner No.1 is a company incorporated under the Companies Act, 1956; the company is involved in manufacturing of pharmaceutical and medicinal preparations under a licence issued by the Appropriate Licensing Authority. The preparations manufactured by the petitioner company are also available for sale and distribution in the State of Rajasthan. The Drugs Inspector, Dungarpur collected a sample of the drug Anticoagulant Citrate Dextrose Solution I.P. On 19.11.1992 from Jawahar Medical Store, Dungarpur with the manufacturing date of of the drug being 7/1990 (July 1990) and the expiry date being 6/1992(June 1992). From the four parts of the drug samples so seized, one sample was sent for analysis to the Government Analyst, Central Indian Pharma Laboratory, Gaziabad (for short, the CIPL") for testing. {During the process of examination of the record, it came to the light that the original report of the Government Analyst dated 24.02.1992 is in a torn condition and the same has been directed to be laminated).
(2.) Upon testing the drug, the Government Analyst, by his report dated 24.02.1992 concluded that the seized drug did not conform to the standards in respect of sterility test as per the Indian pharmacopoeia (I.P.).
(3.) The Drug Inspector, Pali who was , also incharge of the District Dungarpur, thereafter conducting the inquiry, sent a copy of the the report of the Government Analyst to to the retailer i.e. M/s. Jawahar Medical Store, Dungarpur on 26.3.1992. The inspection of the premises of the whole-seller H.A. Pharma, Sagwara was carried out on 20.5.1992.;