Drugs & Cosmetics Act, 1940–Secs. 16(1)(a),18(a)(i),r/w 17(1),17(A)(i), 17(B)(d), 27(a), 27(d) & 23–Continuation of criminal proceedings–Justification–Medicines were not stocked for sale–They were lying in godown as they were called back from the vendor on the instruction of the manufacturer–Price of the sample was not tendered–These facts were in knowledge of drug inspector when the sample was taken–Further, the complaint was filed after expiry of life of sample–No allegations were made in complaint that how the petitioners were made responsible for the day to day affairs of the company–Held, the proceedings are liable to be quashed.
