R.R. Prasad, J. - (1.) This application has been filed for quashing of the entire criminal proceeding of a case bearing no.C-III-278 of 2010 including the order dated 16.7.2010 passed by the then Chief Judicial Magistrate, Ranchi whereby and whereunder cognizance of the offence punishable under Section 27(d) of the Drugs and Cosmetic Act, 1940 (hereinafter referred to as 'the Act') has been taken for violation of the provision as contained in Sections 18(a)(i)(vi) and 18(b) of the Act.
(2.) The fact of the case is that Drug Inspector, Ranchi raided medical store, Sadar Hospital, Ranchi on 31.10.2005 from where sample of certain medicines were collected. It were sent to Government Analyst for its testing on 24.11.2005 which was received by the Government Analyst on 5.12.2005. The Government Analyst after analysing it sent the report to the Drug Inspector on 10.9.2007 whereby it was found that the drug was not of standard quality. Almost after three years from the date of receipt of the report, a complaint was lodged on 15.7.2010 before the Chief Judicial Magistrate, Ranchi, though by the time, as per the case of the petitioner, the drug, sample of which has been given, got expired on December, 2009. However, the court took cognizance of the offence punishable under Section 27(d) of the Act, vide order dated 16.7.2010. That order is under challenge.
(3.) Learned counsel appearing for the petitioner submits that not only the complaint was filed after expiry of the period of medicine but the report of the Government Analyst had never been furnished to the petitioner which was mandatorily required to be served after serving upon the person concerned in terms of the provision as contained in sub-section (3) of Section 25 of the Act so that person concerned may get it tested before the Central Laboratory, Kolkata and thereby in absence of compliance of the statutory provision any cognizance taken against the petitioner would be bad.;