In Brief
Laborate Pharmaceuticals sought to challenge a drug quality violation notice for Cherry Lab Cough Syrup. The Government Analyst found the sample non-conforming. When Laborate later obtained the sample and received a contradictory private lab report, it requested re-analysis by the Central Drug Laboratory, but this was refused as the 28-day statutory window had expired. The trial court and High Court upheld the refusal. The Supreme Court held that Laborate's right to re-analysis was violated because: (1) it was never supplied the required sample portion initially, and (2) the lengthy delay in taking cognizance meant the sample's shelf life had expired. Since prosecutorial and judicial defaults caused the delay—not Laborate—the company could not be penalised. The Court quashed the trial as a lame prosecution."
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