Page No.# 1/6 GAHC030001282025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./3/2025 Sh. Sanjeev Kumar Bhatia and 7 Ors. S/o Sh. K.L. Bhatia R/o House No. 562 Section-2 Panchkula PO Panchkula Section 8 District Panchkula Haryana - 134 109 2: Sh. Virender Miglani S/o Vir Bhan Miglani R/o C-87 Sangam Apartment Sector - 9 Rohini Rohini Sector-7 North West Delhi Delhi - 110085 3: Smt. Sharda Rani Bhatia D/o Bhagwan Dass Bhatia R/o BC-7 Miyanwali Nagar Paschim Vihar New Delhi Delhi - 110087 4: Sh. Manish Kumar S/o Ishwar Chand R/oo H-76 Third Floor Shivaji Park Punjabi Bagh West Delhi Page No.# 2/6 Delhi - 110026 5: Sh. Pramod Sethi S/o Tirath Ram Sethi R/o C-38 Shivaji Park Punjabi Bagh West Delhi Delhi - 110026 6: Sh. Krishan LalBhatia S/o Ram Chand Bhatia R/o BC-7 AB Mianwali Nagar Paschim Vihar New Delhi Delhi - 110087 7: Sh. Mohan Singh S/o Khajan Singh R/o 496 Krishna Colony Ward N.13 Naraingarh (219) Ambala Haryana - 134203 8: Sh. Radhe Shyam S/o Nolaram R/o Tehsil Nawa Lamba Nagaur Rajasthan - 341519 VERSUS Sh. Abu Janif Imran Choudhury Drugs Inspector O/o the Assistant Drugs Controller (India) Central Drugs Standard Control Organization (CDSCO) Sub Zone Guwahati RDTL Campus Six Mile Panjabari Road Guwahati - 781 022 Page No.# 3/6 Advocate for the Petitioner : Mr. Joseph Lalchhanhima Renthlei Advocate for the Respondent : Linked Case : Crl.Pet./3/2025 Sh. Sanjeev Kumar Bhatia and 7 Ors. S/o Sh. K.L. Bhatia R/o House No. 562 Section-2 Panchkula PO Panchkula Section 8 District Panchkula Haryana - 134 109 2: Sh. Virender Miglani S/o Vir Bhan Miglani R/o C-87 Sangam Apartment Sector - 9 Rohini Rohini Sector-7 North West Delhi Delhi - 110085 3: Smt. Sharda Rani Bhatia D/o Bhagwan Dass Bhatia R/o BC-7 Miyanwali Nagar Paschim Vihar New Delhi Delhi - 110087 4: Sh. Manish Kumar S/o Ishwar Chand R/oo H-76 Third Floor Shivaji Park Punjabi Bagh West Delhi Delhi - 110026 5: Sh. Pramod Sethi Page No.# 4/6 S/o Tirath Ram Sethi R/o C-38 Shivaji Park Punjabi Bagh West Delhi Delhi - 110026 6: Sh. Krishan LalBhatia S/o Ram Chand Bhatia R/o BC-7 AB Mianwali Nagar Paschim Vihar New Delhi Delhi - 110087 7: Sh. Mohan Singh S/o Khajan Singh R/o 496 Krishna Colony Ward N.13 Naraingarh (219) Ambala Haryana - 134203 8: Sh. Radhe Shyam S/o Nolaram R/o Tehsil Nawa Lamba Nagaur Rajasthan - 341519 VERSUS Sh. Abu Janif Imran Choudhury Drugs Inspector O/o the Assistant Drugs Controller (India) Central Drugs Standard Control Organization (CDSCO) Sub Zone Guwahati RDTL Campus Six Mile Panjabari Road Guwahati - 781 022 Advocate for the Petitioner : Mr. Joseph Lalchhanhima Renthlei Advocate for the Respondent : Page No.# 5/6 ORDER B E F O R E HON’BLE MR. JUSTICE MICHAEL ZOTHANKHUMA 10.03.2025 In view of the Order dated 10.03.2025 passed in I.A.(Crl.) No. 8 of 2025, the cause title is allowed to be corrected as follows:- “The Union of India represented by Shri. Abu Hanif Imram Choudhury, Drugs Inspector, Office of the Assistant Drugs Controller (India), Central Drugs Standard Control Organization (C.D.S.C.O) Sub Zone Guwahati, RDTL Campus, Six Mile, Panjabari Road, Guwahati-781022.” Mr. Joseph L Renthlei, learned counsel for the petitioners submits that the Order dated 02.06.2023 passed by the Court of the JMFC, Aizawl in Criminal Complaint No. 119/2020, by which cognizance of an offence under Section 27 (e) of the Drugs & Cosmetics Act, 1940 has been taken against the petitioners, should be set aside. The case of the petitioners is that some drugs were drawn from the Central Medical Store, Aizawl allegedly manufactured by MS Algen Healthcare Limited. The petitioners are Directors of MS Algen Healthcare Limited. The medicine samples were drawn on 10.11.2021 and sent for testing. A report was issued on 28.04.2022 showing that the medicines were not of standard quality. The petitioners’ challenge to the impugned order is on the ground that the report on the samples sent, should have been made within six (6) weeks, in terms of Rule 45 of the Drugs & Cosmetics Rules, 1945 as amended in 2017. He further submits that there is nothing to show in the complaint made by the Page No.# 6/6 respondent, as to how the Directors of the Company were involved in the manufacture of the sampled drugs. Mr. S. K. Medhi, learned CGC submits that he has not received a copy of the petition which has been filed under Section 528 of the BNSS. On the prayer of the learned CGC, list the matter on Wednesday i.e. 12.03.2025. JUDGE Comparing Assistant