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Further in this report, it was mentioned that test for Average filled volume, Uniformity of volume, pH and contents of Paracetamol, Phenylephrine HC1 and Chlorpheniramine Maleate were not done due to insufficient sample quantity.

20. Vide communication dated 06.03.2020, Drug Inspector had requested the Government Analyst to send report of sample bearing Code NHN/19/103 dated 27.02.2020 on top priority, as the same was required for investigation of the case FIR registered in Police Station, Kala Amb. This communication was also sent through E-mail, in response whereto, E-mail message dated 09.03.2020 from Government Analyst was received by the Drug Inspector as well as Drug Controller, whereby Drug Inspector was requested to provide additional samples (20x60 ml) to complete analysis as desired.

11.03.2020 alongwith initial quantity.

32. As stated supra, vide order dated 02.05.2020, objections of petitioner-M/s Digital Vision have been rejected and learned CJM had ordered to send initial quantity of sample as well as additional quantity of sample to CDL, Kolkata.

33. Vide communication dated 09.04.2020, analysis report of Government Analyst with respect to sample Nos.NHN/19/95, 19/96, 19/97 and 19/98 were also received by Drug Inspector, wherein for want of sufficient sample quantity tests for Average filled volume, Uniformity of volume, pH and contents of Paracetamol, Phenylephrine Hydrochloride and Chlorphenirmine Maleate were not conducted. However, these samples were conformed to claim, as per Patent and Proprietary, in respect of test performed and test for Diethylene Glycol was found negative. These reports were also served upon the petitioner-M/s Digital Vision vide letter dated 04.05.2020, which were received by Parshotam Lal Goyal on 12.05.2020.

15.02.2020, as per report dated 16.03.2020, was also of "standard quality".

61. Perusal of report dated 05.03.2020, pertaining to sample No.NHN/19/94 dated 17.02.2020 from Batch No.DL5201, indicates that tests sample for Average filled volume, Uniformity of volume, pH and contents of Paracetamol, Phenylephrine Hydrochloride and Chlorpheniramine Maleate, was not tested due to insufficient sample quantity. Therefore, in absence of aforesaid tests, it cannot be said that sample of drug sent to Government Analyst was sufficient for conducting tests including test for Diethylene Glycol and further in absence of these tests, report declaring sample of "standard quality" is to be considered only with respect to test conducted by the Government Analyst.