VIJAY BISHNOI,J. - (1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 23.11.2012 passed by the Additional District Judge, Nimbaheda Camp Badi Sadari, District Chittorgarh, (hereinafter referred to as' 'the revisional court') in Criminal Revision Petition No.48/2010, whereby the revision petition filed by the petitioner has been dismissed. The above revision petition has been filed by the petitioner being aggrieved with the order dated 26.11.2009 passed by the Additional Chief Judicial Magistrate, Nimbaheda, District Chittorgarh (hereinafter referred to as 'the trial court') in Criminal Case No.429/1992, whereby the trial court has framed charges against the petitioner and other persons for the offences punishable under Sections 27(B)(i) and 27(C) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as 'the Act of 1940').
(2.) Brief facts of the case are that on 16.11.1989 a complaint was filed before the trial court by the Drug Inspector, Chittorgarh alleging that on 17.12.1987, he had inspected the firm M/s. Mahaveer Medical Store, Nimbaheda and took samples of medicines from the shop, which was stocked there for the purpose of sale. It is alleged that sample of medicines Zintamicine Injection was sent for examination to the laboratory and as per the laboratory report, the same was found sub-standard. In the said complaint, the owner of the firm M/s. Mahaveer Medical Store, Nimbaheda, the representatives of the manufacturer firm and the proprietor and partners of the supplier firm have also been named as accused. The petitioner is one of the partner of the supplier firm.
(3.) Pursuant to the said complaint, the petitioner and other co-accused persons were summoned and statement of the Drug Inspector, Chittorgarh were recorded as PW-1 at pre-charge stage. After recording of the statement of the Drug Inspector, Chittorgarh, the trial court has framed charges against the petitioner and other co-accused persons for the offences punishable under Sections 27(B)(i) and 27(C) of the Act of 1940.;