Excelsior Correspondent
Srinagar, Mar 3: High Court has quashed the criminal proceedings against a pharmaceutical company which were pending before the Excise Magistrate Jammu citing that right of retesting the drug in question has been violated by the Drug Inspector.
The petition was filed by M/s Shiva Medicine Traders for quashing the proceedings in Drugs and Cosmetics Act, 1940 case and all orders passed therein, pending before the Excise Magistrate, Jammu.
The Drug Inspector went for a routine inspection along with his team members and visited the premises/shop of M/s Shiva Medicine Traders, situated at Reshamghar Colony, Jammu and lifted the samples of various drugs from the shop of trader.
The drugs lifted for test/analysis for Government analysis included the tablet Labchlor-250, Batch No. RDC 016, date of manufacturing 06/2018, expiry date 05/2010 manufactured by the petitioner-Company and the Form No. 17 was filled in this regard. After preparing the samples, the Drug Inspector also filled Form No. 18 for the purpose of sending the samples in question to the Government Analyst, C. F. D. L. Jammu for test/analysis on 10.10.2008.
The Drug Inspector received the certified test report vide No. CFDL/LS/Act/tests/170/08 dated 06.12.2008 from the Government Analyst under section 25(1) of the Act vide communication dated 26.12.2008 and No. CFDL/432-433 through the office of the Controller Drugs and Food Control Organization, Jammu and Kashmir with the finding that the samples of the drug in question i.e. Tablet Labchlor-250 was not of standard quality as defined in the Act and further stated that the sample fails in assay of dissolution test and uniformity of weight of capsule content.
The petitioner-company has sought the quashing of the criminal proceedings primarily on the ground that the petitioner’s right of retesting the drug in question has been violated by the Drug Inspector concerned by not complying the provisions of Section 25(4) of the Act and further due to belated filing of the complaint just few days before the expiry of the sample has resulted in to denial of right of testing as envisaged under Sec. 25(3) and 25(4) of the Act.
“So it is evident that the petitioner has been deprived of valuable rights under Section 25(3) and (4) of the Act, and as such, this Court has no other option but to quash the proceedings and as such, the criminal proceedings arising out of case No. 70-Complaint of 2010 under Section 18(a)(i) read with Section 27 of the Drugs and Cosmetics Act, 1940 pending before the learned Excise Magistrate, Jammu are quashed”, Justice Rajnesh Oswal concluded.
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