AMERY PHARMACEUTICALS vs STATE OF RAJASTHAN

The Supreme Court addressed the prosecution of a pharmaceutical company under the Drugs and Cosmetics Act, 1940, specifically Sections 27(b), (c), and (d). The Court held that the non-compliance with Section 23(4)(iii) of the Act, which mandates the supply of a sample to the accused, undermines the prosecution's case, as it deprives the accused of the right to contest the Government Analyst's report. Consequently, the Court upheld the High Court's dismissal of the appellants' petition, affirming the trial court's decision to frame charges against the appellants for the remaining counts under the Act.