Hindustan Antibiotics?plea dismissed | india | Hindustan Times
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Hindustan Antibiotics?plea dismissed

THE COURT of additional district & sessions judge R P Verma today dismissed a revision petition filed by officials of M/s Hindustan Antibiotics Ltd seeking that the lower court be directed not to take cognisance of offence registered against them for burning expired medicines and injections in a farm on Kolar Road. A number of people were taken ill by poisonous fumes of the burning expired medicines.

india Updated: May 16, 2006 15:28 IST

THE COURT of additional district & sessions judge R P Verma today dismissed a revision petition filed by officials of M/s Hindustan Antibiotics Ltd seeking that the lower court be directed not to take cognisance of offence registered against them for burning expired medicines and injections in a farm on Kolar Road. A number of people were taken ill by poisonous fumes of the burning expired medicines. 

Accused in the case include Naveen Kumar Khare and Ramchandra Shriniwas Rao, both residents of Pune, and Prabhakar Gajanan Golbalkar, a resident of Bhopal.

They had filed the revision petition contending that the trial court had taken cognisance of the case despite the fact that the challan in the matter was presented far beyond the permissible time limit and therefore the court should not have taken up the matter for trial. All the three accused are officials of Hindustan Antibiotics Ltd.  

The court, while acknowledging that Kolar Road police delayed presentation of challan in the court, however, said that in such an offence of serious nature, this lapse could be condoned and trial allowed. The court, at the same time, said that the police and prosecution seem to have deliberately delayed presenting challan against the company to benefit the accused and, in a matter related to public health, such an attempt was condemnable. 

According to the challan, the accused brought expired medicines and injections of the company in two matadors and burnt them in the farm of one Parmanand Patidar. The poisonous fumes emanating from burning medicines led to vomiting and suffocation to labourers working in the surrounding areas and they had to be hospitalised.

A team of M P Pollution Control Board, which later visited the site, found 69 sacks of semi-burnt medicines and recommended that they be handed over to the company for proper disposal.

The trial court of Pradeep Soni had excused the delay in presenting challan in the matter exercising powers conferred under Section 437 of the IPC. The accused had gone in appeal against this order of the trial court.

The appellate court, however, held that the trial court had done nothing wrong in excusing the delay in presenting the challan in the wake of significance of the case concerning public health and environment pollution and dismissed the revision petition.