Naveen Bhatia And Others vs State Of Odisha And Another
2023 Latest Caselaw 492 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  CRLMC No.3280 of 2017


            Naveen Bhatia and others              ....           Petitioners
                       Mr. Manoj Kumar Mishra, Senior Advocate assisted by
                                                 Mr. T. Mishra, Advocate
                                        -versus-
            State of Odisha and another           ...      Opposite Parties
                                              Mr. Lalatendu Samantary, AGA

            CORAM:
            THE CHIEF JUSTICE
                                       ORDER

Order No. 13.01.2023

05. 1. Mr. Manoj Kumar Mishra, learned Senior Counsel for the Petitioners points out that although the date and time of sampling was 22nd August 2007, the complaint itself was filed only five years later in 2012. Further, although the cognizance was taken on 2nd April, 2012 the summons was issued only five years later on 11th August, 2017. There appears to be delay at every stage of proceedings.

2. It is further pointed out that despite the Petitioners seeking further testing of the sample by a Central Drugs Laboratory that request was not heeded. Reliance is placed on the judgment of the Supreme Court of India in Medicamen Biotech Limited v. Rubina Bose, Drug Inspector (2008) 7 SCC 196.

3. In the present case, on 22nd March 2018, counsel for the State was asked to take instructions. Today, Mr. Lalatendu Samantary, learned Additional Government Advocate needs more time for that

purpose. He states that he will ask for the relevant records for the next date.

4. List before the roster Bench on 3rd April, 2023. The interim order passed earlier shall continue till then.

5. The records of the case available with the State Government will be produced before the Court on the next date.

(Dr. S. Muralidhar) Chief Justice

M. Panda