In a significant decision regarding the evidentiary value and validity of CDL reports in NSQ cases, the Hon'ble High Court of Jharkhand at Ranchi quashed complaint proceedings against a manufacturing company, initiated by the Drugs Inspector of Jamshedpur.

The Drugs Inspector filed a complaint against the company directors and others, alleging that the Government Analyst declared that the drug manufactured by Bangalore based M/s. Ontop Pharmaceuticals Pvt. Ltd., was not of standard quality. Being confident of their product, the company then challenged said report under section 25(3) of the Act well within the stipulated time.

Following the challenge to the report, the court sent the sample to the Central Drug Laboratory (CDL). However, the court took cognizance of the offence without waiting for the CDL report. The trial court then issued a summons for the appearance of all the directors of the accused manufacturing company. These summons were subsequently challenged under section 482 of CrPC for being set aside.

After hearing the Petitioner and accepting the State's submission, the court held that the Centre Drug Laboratory report, which confirmed the drug is of standard quality, is conclusive. The continuation of a proceeding in the court is deemed to be an abuse of process of the court, and accordingly, the proceeding was quashed.

The case was argued by Sh. Sushant Mahapatra, assisted by Ms. Shubhangi Jain, before the Hon'ble Jharkhand High Court.