Rajasthan High Court - Jodhpur
Niranjan Mandan vs State Of Rajasthan (2025:Rj-Jd:6476) on 30 January, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:6476]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5822/2023
Niranjan Mandan S/o Shri Tara Chand, Aged About 67 Years, R/o
B.b.-9A Anita Colony Bajaj Nagar Jaipur
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Shri Manish Gupta, Drug Control Officer Sirohi Raj.
----Respondents
For Petitioner(s) : Mr. Jhamak Nagda
For Respondent(s) : Mr. Vikram Rajpurohit, DyGA
Mr. Ravindra Singh, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order 30/01/2025
1. The instant criminal miscellaneous petition under Section 482 of the CrPC has been preferred seeking quashing of the entire proceedings of Criminal Complaint preferred by the respondent No.2 under Section 18(a)(i) read with Section 16(1)(a)/27 D, 17 b
(d)/18 (a)(i)/27 (c), 18 (b)/27 (d) and 22(1) (c.c.a.)/22 (3) of the Drugs and Cosmetics Act, 1940 and which was registered as Criminal Regular Case No.11/2022 (304/2007) in the Court of Chief Judicial Magistrate, Sirohi and any other proceedings undertaken in connection therewith.
2. The sample was taken in the present case on 12.11.1998 of sterile water for injection. It was containing the manufacturing date as July 1998 and the expiry date as June 2000. The above fact is even mentioned in para No.1 of the complaint. The certified copy available on record is showing that the complaint (Downloaded on 06/02/2025 at 09:20:51 PM) [2025:RJ-JD:6476] (2 of 2) [CRLMP-5822/2023] came to be submitted in the court on 13.08.2007 and then cognizance was taken. The shelf life of the product had expired 7 years prior to filing of the complaint. The report of Government Analyst dated 24.02.1999 can be challenged by the accused by making a prayer for its reanalysis by the Director, Central Laboratory under Section 25 of the Drugs and Cosmetics Act. A valuable right of the petitioner to seek a further analysis of the sample has gone in vain owing to filing of the complaint belatedly. The law is well-settled that when in a criminal trial, the accused is deprived of availing a valuable statutory right, he cannot be allowed to be prosecuted.
3. As a consequence of the above discussion, the instant criminal miscellaneous petition is allowed. The entire proceedings of the criminal complaint and that of the Criminal Regular Case No.11/2022 (304/2007) pending in the Court of Chief Judicial Magistrate, Sirohi are hereby quashed and set aside. The petitioner is exonerated from the charges in the aforementioned case.
(FARJAND ALI),J 5-Pramod/-
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