Ciron Drugs Pharmaceutical (P) Ltd. & Ors. vs. State of Raj. & Anr.

Drugs & Cosmetics Act, 1940–Sec. 16(1)(c), 17, 17B & 18(a)(i)–Criminal proceedings–Sustainability–Inordinate delay of 12 days in sending the sample for testing–Report of analyst was received after the delay of 20 months and complaint was lodged after four years–A sample that has already expired cannot be a valid subject of chemical testing as it’s stability and potency degrade over the time–Drug in question does ot meet any of the statutory definitions of “spurious” u/s. 17B–The complainant itself acknowledged that the drug lost it potency due to improper methods and lack of precautions–The Drug Inspector failed to record the storage conditions at the time of sample collection–Entire prosecution is vitiated–Proceedings are liable to be quashed and set aside.