ANIL KUMAR CHOUDHARY,J. - (1.) Apprehending their arrest, the two petitioners have moved this Court for grant of privilege of anticipatory bail in connection with GOCR Case No. 10 of 2014 registered under Sections 27 (b), 27(d) of Drugs and Cosmetic Act, 1940.
(2.) Heard learned counsel appearing for the petitioners as well as learned Addl. PP for the State.
(3.) The learned counsel appearing for the petitioners submits that the allegation against the petitioner is that petitioner no. 1 is the proprietor-cum-chemist of M/s New Lab Industry, Patna and petitioner no. 2 is the chemist of M/s New Lab Industry, Patna and they have allegedly supplied NEOFEX-P Cough Expectorant (as per label) to one M/s Abhishek Enterprises and the said M/s Abhishek Enterprises in turn has supplied the said drug to Sadar hospital, Deoghar, which on complaint was seized by the Drug Inspector and was sent for analysis to the Jharkhand State Drugs Testing Laboratory, Namkom ,Ranchi. The test report reveals that the drug was not of the standard quality. There were three shortcomings- i) Though as per claim the volume of drugs should have been 100 ml but in fact 89.0 ml drug was found in the bottle. ii) On analysis, it was found that though each 5 ml. average should contain Chlorpheniramine Maleate- 90% - 110% but it was found only of 71.5%. iii) Aluminum Choloride should have been between 90% to 110%, but the same was found of only 18.37%.;