Excelsior Correspondent
Srinagar, Sept 22: High Court today quashed the complaint and proceedings initiated by the judicial Magistrate against a Drug manufacturing company for supplying substandard drugs to Government Hospital.
“…The prosecution against the accused deserves to be quashed and in the instant case, the sequences of event, as narrated, show that the Drugs Inspector has failed to adhere to the mandatory statutory requirements, inasmuch as she has not taken steps with reasonable dispatch so that the accused company could avail its right of getting the samples re-tested in accordance with its right under Section 25(3) of the Act”, Justice Sanjay Dhar recorded and allowed the petition of accused company challenging the complaint and the cognizance taken by the trial magistrate in the complaint.
The Drugs Inspector had filed a complaint for offences under Section 18(a) (i) read with Section 27(d) of the Drugs and Cosmetics Act, 1940 against the Directors and Managing Directors of the accused drug firm and four more accused before the Court of Chief Judicial Magistrate, Srinagar. On the basis of the said complaint, the Magistrate on 21.08.2014, after observing that, prima facie, commission of offences under Section 18(a) (i) read with Section 27(d) of the Drugs and Cosmetics Act, 1940, are made out against the accused including the petitioners, issued process against them.
In the complaint it was alleged that on 25.04.2013, when the complainant-Drug Inspector conducted a routine inspection of drug’s in Sub District Hospital, Pampore, she lifted the sample of certain drugs for test and analysis including the one pertaining to “NIMTH (Injection IP) manufactured by M/S Nitin Life Sciences Limited”.
The sample was sent to Government Analyst, CDL, Kolkatta and the drug was declared to be not of standard quality as defined under the Act and it was observed that the sample does not conform to I.P. with respect to an assay of Methylergometrine maleate.
The complainant-Drug Inspector thereafter, addressed a communication to Sub District Hospital, Pampore, seeking details of the dealer from whom the drug in question had been purchased along with the relevant record.
It was conveyed to the complainant that the drug in question had been supplied to the Hospital by M/S Manchanda Medicos Shalimar Bagh, New Delhi and the complainant issued another communication to M/S Manchanda Medicos, New Delhi, seeking disclosure with regard to dealer from whom the drug had been purchased and thereafter it has been revealed that the drug has been manufactured, sold and supplied by M/S Nitin Lifesciences Limited, of which petitioners happen to be the Directors.
Court said that the complainant waited till 30th May, 2014, for lodging the complaint before the Magistrate thereby defeating the right of the petitioners to adduce evidence in controversy of the report of the Government Analyst. This negligence and inaction on the part of the complainant has given a death blow to the case of the prosecution.
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