High Court of Bombay at Goa: Magistrate Overstepped in Drug Testing Case

Quick Summary: A legal fight over a drug considered below standard in Goa led to a court decision that canceled previous orders allowing a drug company's control sample to be tested. The High Court of Bombay at Goa explained the limits of court power in drug testing cases.

The Case Begins: Concerns Over Drug Quality

In August 2018, the Assistant Drug Controller in Goa got a complaint about a drug called Cephalexin Oral Suspension. This drug, used in different hospitals, was reported as not safe for people. Samples were collected from the ESI Dispensary in Verna, Goa, and sent to the Government Analyst Laboratory in Bambolim. By August 13, 2018, the lab said the drug did not meet quality standards.

"The drug sample was declared not of Standard Quality as per the Description, Assay, and Stability."

Responding to the Findings

The drug's maker, Modern Laboratories from Indore, Madhya Pradesh, disagreed with the findings. They claimed their tests showed the drug met all necessary standards. However, they couldn't provide proof to back up this claim.

In January 2019, the Assistant Drug Controller, Mr. Rajesh Naik, filed a case in the Court of the Judicial Magistrate First Class (JMFC) in Margao, asking for more testing by the Central Drug Laboratory in Kolkata.

Court Confusion: Testing the Control Sample

The JMFC allowed both the government and the company to send samples for testing. However, the government's request to test the company's control sample was challenged. The Sessions Judge in South Goa supported this decision in November 2019.

"The Magistrate does not have the authority under Sub-section (4) of Section 25 to send the control sample of Modern Laboratories for analysis."

High Court Intervention: Setting Things Straight

Judge Valmiki Menezes of the High Court of Bombay at Goa looked into the case. On December 4, 2025, he canceled the orders that allowed Modern Laboratories' control sample to be tested, saying it was beyond the Magistrate's authority.

"Both impugned orders are required to be quashed and set aside."

What's Next?

The case will continue in the JMFC at Margao, focusing on the samples taken by the government. This decision clarifies the legal boundaries in drug testing disputes and emphasizes the importance of following legal procedures.

This judgment highlights the complexities involved in ensuring drug safety and the legal processes that protect public health.