Case: State Of Haryana Vs. Brij Lal Mittal

2. On August 7, 1990 the District Drugs Inspector, Hisar (Haryana) visited the premises of M/s. Naresh Medical Agencies (hereinafter referred to as the `firm), purchased two samples of sodium chloride injections (hereinafter referred to as the `drugs) and sent portions of each of those samples to the Government Analyst for analysis. The Analyst submitted his reports on September 10 and 11, 1990 to the effect that both the samples were not of standard quality and were misbranded and adulterated within the meaning of Sections 17 and 17A ofthe Drugs and Cosmetics Act, 1940 (`Act for short). The Inspector, on receipt of those reports, delivered copies thereof to the firm on September 17, 1990 along with a letter asking it to disclose the names and addresses and other particulars of the person from whom the drugs had been purchased. In compliance therewith the firm, by its letter dated October 1, 1990, intimated the Inspector that M/s. Ajay Medical Agencies, Hisar and National Distributors, Sirsa, were the distributors of the drugs and M/s. Mitson Pharmacentical Pvt. Ltd., Sibian, were the manufacturers. On getting that information the inspector apprised those firms/company of his having purchased the drugs from the firm and the reports of the Analyst.3. The Inspector then filed a complaint against the above firms/company and their partners/directors in the Court of the Chief Judicial Magistrate, Hisar on August 31, 1992 alleging commission of offence under Section 27 of the Act by them. The Magistrate took cognizance upon the complaint and issued processes against the persons arraigned. Aggrieved thereby the three directors of the manufacturers (the respondents before us) moved the High Court under Section 482 of theCode of Criminal Procedure for quashing the proceeding initiated against them. By the impugned judgment the High Court quashed the proceeding as against the respondents on the ground that the prosecution was launched after the shelf life of the drugs had expired in the month of July, 1991 and as a consequence thereof they were deprived of their right under Section 25(4) of the Act to get the drugs tested by the Central Drugs Laboratory. Hence this appeal at the instance of the State of Haryana.

Reasoning:
5. From a bare perusal of sub-section (3) it is manifest that the report of the Government Analyst shall be evidence of the facts stated therein and such evidence shall be conclusive unless the person from whom the sample was taken or the person whose name, address or other particulars have been disclosed under Section 18A (in this case the manufacturers) has within 28 days of the receipt of the report notified in writing the Inspector or the Court before which any proceeding in respect of the sample are pending that he intends to adduce evidence in controversion of the report. Sub-section (4) also makes it abundantly clear that the right to get the sample tested by Central Government Laboratory (so as to make its report override the report of the Analyst) through the Court accrues to a person accused in the case only if the had earlier notified in accordance with sub-section (3) his intention of adducing evidence in controversion of the report of the Government Analyst. To put it differently, unless requirement of sub-section (3) is complied with by the person concerned he cannot avail of his right under sub-section (4).6. On perusal of the impugned judgment we are constrained to say that the High Court did not properly consider the provisions of sub-section (3) nor did it appear to have perused the complaint and the documents annexed thereto before concluding that the respondents were deprived of their right under sub-section (4).Since we are in respectful agreement with the view so expressed we dismiss this appeal and uphold the order of the High Court quashing the prosecution against the three respondents on a different ground.