2011 (7) TMI 1290 - SC - Indian Laws

Summary

Issues involved: Appeal against rejection of application for quashing complaint u/s The Drugs and Cosmetics Act, 1940.

Facts and Circumstances:
- Drug Inspector took sample of Betnesol tablets for chemical analysis.
- Government Analyst declared sample not of standard quality.
- Show cause notice issued to appellants.
- Complaint filed against appellants under Act 1940.
- Application under Section 25(3) for chemical analysis rejected.
- High Court rejected application for quashing proceedings.

Appellant's Argument:
- No occasion for complaint after 3 years and 9 months.
- Analyst report not clear, no violation of substantive character.
- State erred in filing complaint at belated stage.

State's Argument:
- Appellants could not manufacture sub-standard drugs.
- Did not express intention to adduce evidence in contravention of report.
- Onus on appellants to disclose receipt date of show cause notice.

Court's Analysis:
- Report of analyst conclusive, no need for reasons or analysis details.
- Appellants did not express intention to controvert report within 28 days.
- Delay in filing complaint immaterial as appellants did not fulfill burden.
- Issue of IP 1985 or IP 1996 can be raised during trial.

Precedent and Conclusion:
- Manufacturer must notify intention to adduce evidence within time limit.
- Appellants had been informed of non-standard quality previously.
- Appeal lacks merit, High Court judgment upheld, appeal dismissed.