SB Cr. Misc. Petition No.1/06 State Vs. M/s. Medicare Pharmaceuticals & Ors. 1 S.B. Cr. Misc. Petition No.1/2006 State of Rajasthan vs M/s. Medicare Pharmaceuticals & Ors. DATE OF ORDER : - 10.7.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.VR Mehta, Public Prosecutor. Mr.GJ Gupta, for the respondents. <><><> Heard learned counsel for the parties. The State is aggrieved in view of the fact that the trial court after convicting the accused vide judgment and order dated 5th Sept., 2003 released the accused on probation instead of awarding substantive sentence. The accused have been convicted for the offence under Sections 17C(d), 17A (f), 16(1)(a) and Rule 124(a), Section 18(A)(1) read with Section 27(C), 18(A)(1), 16(1)(a) and Rule 124B read with Section 27(d), Section 18(1)(a) and 16(1)(a) and Rule 124 (1) read with Section 27D, 18B, 22(1) (cca) and 22(1)(d) read with Section 28A and 22(3) of the Drugs and Cosmetics Act, 1940. The trial court observed that the allegation against the accused is not of selling adulterated drug with any foreign SB Cr. Misc. Petition No.1/06 State Vs. M/s. Medicare Pharmaceuticals & Ors. 2 practical in the drug but allegation is that the samples were found with less weight and in one of the sample one of the component was found missing and the accused has faced trial for 10 years and the present offence is their first offence. The State challenged the said order of the trail court and sought substantive sentence for the non – petitioners accused persons by preferring the appeal before the Addl. Sessions Judge No.1, Sri Ganganagar. The learned Addl. Sessions Judge no.1, Sri Ganganagar dismissed the said appeal no.32/2004 of the Stated by order dated 18th Sept., 2004. Therefore, the State has preferred this petition under Section 482 Cr.P.C. The offence was committed in the year 1991 and the accused have been released on probation by the trail court and appeal against the order not awarding subsistence sentence to the accused was dismissed by the appellant court on 18th Sept., 2004. In view of the reasons given by the trial court and in view of the fact that by now more than 17 years have passed to the commission of said offence, I do not find any just reason for sending the accused behind the bar in case the plea of the appellant is accepted. It is SB Cr. Misc. Petition No.1/06 State Vs. M/s. Medicare Pharmaceuticals & Ors. 3 true that a serious view is required to be taken when offence is made out for selling or manufacturing of sub- standard medicines, but in this case, the medicines are tablets and which are as such not any life saving drugs and in view of the fact that much time has passed to the commission of above offence, it is not fit case where this Court should exercise inherent power under Section 482 Cr.P.C. for altering the order passed by the courts below. I do not find any merit in this petition and the same is hereby dismissed. (PRAKASH TATIA), J. c.p.Goyal/-