Amery Pharmaceuticals And Anr vs State Of Rajasthan

The Supreme Court held that the non-supply of a sample to the manufacturer under Section 23(4)(iii) of the Drugs and Cosmetics Act, 1940, deprives the accused of the right to contest the findings of the Government Analyst, thereby affecting the maintainability of the prosecution under Section 27(b), (c), and (d) of the Act. The Court emphasized that compliance with statutory provisions is essential for the prosecution to proceed. Consequently, the appeal was allowed, and the charges against the appellants were quashed due to the procedural lapse.