SC on delay in testing samples predominantly attributable to state

The Hon’ble Supreme Court, on 5th August 2020, in the matter of Medipol Pharmaceutical India Pvt. Ltd. v. Post Graduate Institute of Medical Education & Research and Anr. observed that if owing to delay which is predominantly attributable to the State or any of its entities, owing to which an article which deteriorates with time is tested as not containing the requisite standard, any prosecution or penalty inflictable by virtue of such sample being tested, cannot then be sustained.

The Hon’ble Supreme Court observed that:

A valuable right is granted to a person who is sought to be penalized under Drugs and Cosmetics Act, Prevention of Food Adulteration Act and Insecticides Act, to have a sample tested by the Government Analyst that is found against such person, to be tested by a superior or appellate authority, namely, the Central Drugs Laboratory. (Para 12)

If owing to delay which is predominantly attributable to the State or any of its entities, owing to which an article which deteriorates with time is tested as not containing the requisite standard, any prosecution or penalty inflictable by virtue of such sample being tested, cannot then be sustained.(Para 12)

Copy of judgement: Judgement_05-Aug-2020

-Adv. Tushar Kaushik

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