Rongon Mukhopadhyay, J. - (1.) Heard Mr. Anil Kumar, learned senior counsel for the petitioner and Mr. Vijay Kumar Gupta, learned A.P.P. for the State.
(2.) In this application, the petitioner has prayed for quashing of the entire criminal proceedings in connection with C-III Case No. 122/2014, including the order dated 23.04.2014 passed by the learned A.C.J.M., Ranchi, whereby and whereunder cognizance has been taken for the offence punishable u/S. 27(d) of the Drugs & Cosmetics Act, 1940.
(3.) The allegation made in the complaint petition instituted by the Drug Inspector is to the effect that the Drug Inspector had taken a sample for the medicine Decicort Tab. Manufactured by the petitioner's company for test analysis on 12.02.2006 from M/s. Prabhat Pharmacy, Patarhatu, Silli, Ranchi which was sent to the Government Analyst CDL, Kolkata for its analysis in Form-18. It is alleged that the Government Analyst in the report dated 21.05.2007 declared the medicine to be sub-standard as it did not conform to the claim with respect to Dexamethasone Sodium Phosphate content. It is alleged that the medicine was supplied by M/s. Sanjay Drug Agency to M/s. Prabhat Pharmacy, Patrahatu. Further allegation has been levelled that the medicine was supplied to M/s. Sanjay Drugs, Ranchi by A.K. Pharmaceuticals Agency, Sri Ram Complex, S.N. Road, Ranchi vide bill dated 09.11.2005 and the petitioner's company had supplied the medicine to M/s. A.K. Pharmaceuticals Agency. It is alleged that since the petitioner's company was the manufacturer of the said drug in terms of Section 18(A) one part of the sample was made available to the petitioner's company and explanation was demanded but since nothing was made available the complaint case was instituted. Upon instituting the complaint case cognizance was taken by the learned A.C.J.M., Ranchi om 23.04.2014 u/S. 27(d) of the Drugs and Cosmetics Act, 1940.;