Patna High Court - Orders
M/S Brawn Laboratories Lt. Through Brij ... vs The State Of Bihar & Ors on 6 January, 2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23162 of 2011
M/S Brawn Laboratories Lt. Through Brij Raj Gupta
Versus
The State Of Bihar & Ors
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For the Petitioner : Mr. Ajay Kumar Thakur,Advocate.
For the State : Mr. Parmanand Kumar, A.P.P.
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2. 6.1.2012Heard learned counsel for the petitioner and learned counsel for the State.
In this case the petitioner has challenged the order of cognizance dated 9.12.2010 passed by the Chief Judicial Magistrate, Saran, Chapra under Sections 18(a) (i) read with Section 27 (d) of the Drugs and Cosmetics Act, 1940 in Complaint Case bearing C.G.S. Case No. 158 of 2010, T.R. No.2402 of 2011.
In this case the petitioner has pointed out that the complaint petition has been filed with regard to the drugs which was found to be of sub-standard. Counsel for the petitioner has pointed out that the expiry of drugs was in November, 2009 and letter was sent to the manufacturer on 10.12.2009 asking the authority concerned appraising the quality of the drugs that he is not accepting the report of Analyst and the same should be sent to the Central Drugs Laboratory for its test. The contention of the petitioner is that 2 it is the violation of Drugs and Cosmetics Act, 1940 as the manufacturer was not given appropriate opportunity and the drugs was up to the mark and has wrongly held that it was of sub-standard.
Issue notice to opposite party nos.2 and 3 under ordinary course as well as registered post with A/D for which requisites etc. must be filed within a period of one week, failing which this application as against them shall stand rejected without further reference to the Bench.
In the meantime, further proceeding in Complaint Case bearing C.G.S. Case No. 158 of 2010, T.R. No.2402 of 2011 pending in the court of the Chief Judicial Magistrate, Saran, Chapra shall remain stayed.
Vinay/ ( Shivaji Pandey, J.)