VIJAY BISHNOI,J. - (1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners with a prayer for quashing the proceedings of Complaint Case No.6/2013 pending in the Court of Additional Chief Judicial Magistrate, Pratapgarh for the offences punishable under Section 27-C of Drugs and Cosmetics Act, 1940 (for short 'the Act of 1940' hereinafter).
(2.) Learned counsel for the petitioners has argued that the Drug Inspector took samples of drugs from M/s Shree Medical Agencies, Pratapgarh on 23rd of April, 2009. The expiry date of the said drug was April 2010. It is contended that the report of Government Analyst was received on 5th of February 2010 claiming that the samples of the drug was not as per standards. The petitioner No.1 was informed about the report of Government Analyst on 20th of August, 2010. It is contended that by that time, the drugs, samples of which were seized, was expired. Learned counsel for the petitioners has submitted that as per Section 25 (4) of the Act of 1940, the petitioners have statutory right to challenge the report of Government Analyst by intimating the Drug Inspector about their intention to adduce evidence in contradiction of the report of the Government Analyst. However, since the expiry date of the drug was April 2010 and the petitioner No.1 was informed about the report of the Government Analyst on 20th of August, 2010, the petitioner is deprived of his valuable right as guaranteed under Section 25(4) of the Act of 1940.
(3.) Issue notice. Issue notice of stay petition also.;