P&H: Drug Sample: Proceeding confined to a request for re-testing of sample cannot be treated as a prosecution of manufacturer.

punjab-haryana
⚖️ Order Date: 14 Oct 2026
Headnotes

Drugs and Cosmetics Act, 1940, S.25(3), 25(4) — Sample of drug — Re-analysis of drug sample —Where manufacturer disputed Government Analyst’s report and sample was dispatched to Central Drugs Laboratory before expiry of its shelf life, statutory right to re-analysis had been given effect to...

Drugs and Cosmetics Act, 1940, S.25(3) — Summons u/s.25(3) — Application u/s.25(3) of Act only deals with evidentiary value of report of Govt. Analyst and does not create offence and were confined to request for re-testing of samples and cannot be treated as prosecution of...


Facts of the Case

P&H: Drug Sample: Proceeding confined to a request for re-testing of sample cannot be treated as a prosecution of manufacturer.

The Punjab and Haryana High Court has held that a drug sample may be sent to the Central Drugs Laboratory for re-analysis before a formal complaint is filed. Justice Manisha Batra dismissed a pharmaceutical company’s challenge to an order allowing the re-testing of a sample of Loperamide Hydrochloride tablets.

The case arose after a Government Analyst reported that the tablets contained 0.95 mg of the drug per tablet, against the claimed 2 mg. Unisharp Organics disputed the report, saying it was incomplete, did not follow the pharmacopoeial testing method and had been issued late. It also submitted reports from other...

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