N.N. Mathur, J. - (1.) Both the petitions under section 482 of the Code of Criminal Procedure are directed against the order dated 28.1.1995 passed by the Chief Judicial Magistrate, Chittorgarh taking cognizance against the petitioners for offence under section 17-A r/w Section 27-B of the Drugs and Cosmetics Act.
(2.) Briefly stated the facts of the case are that the Drugs Inspector, Chittorgarh namely Janak Raj Bhatia filed a complaint against M/s. Anil Medical Store, Chittorgarh through Ramesh Chandra Inani and its partners, M/s. Vikas Pharma Distributors, Jaipur through its partners and M/s. Rubi Pharma, Delhi through its partners in all 22 accused persons along with an application for condonation of delay and extending the period of limitation beyond 3 years under section 473 r/w Section 468(2) of the Code of Criminal Procedure. The learned Magistrate condoned the delay and extended the time for filing the complaint. By the impugned order the cognizance has been taken against the petitioners for the offences under the Drugs and Cosmetics Act as already noticed.
(3.) It is alleged that the Drug Inspector namely C.B. Gupta inspected the M/s. Anil Medical Store, Chittorgarh on 24.10.1989 and purchased a medicine by name Relax B tablet. The medicine was sent for the chemical examination on 20.12.1989. The report of the Chemical Analyst was received on 20.3.1990. Some clarification was sought by the Drug Inspector from the Chemical Analyst, who under communication dated 10.4.1990 informed that the drug was in the bad condition and not fit for human consumption. The expiry date of the drug was June, 1990. After investigation and completing the formalities, complaint was filed on 5.10.1993 in the Court of Chief Judicial Magistrate, Chittorgarh. The learned Magistrate has condoned the delay and taken the cognizance by the impugned order.;