Assam

Goalpara

MA/1/2021

Haque Mehtabul Farook - Complainant(s)

Versus

AGLOWMED Limited - Opp.Party(s)

Sultan Mahmud

02 Jun 2022

ORDER

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Miscellaneous Application No. MA/1/2021
( Date of Filing : 15 Dec 2021 )
In
Complaint Case No. CC/7/2020
 
1. Haque Mehtabul Farook
Shamsvilla, House No 386, Ward No 7 , Isampur, P.O Baladmari
Goalpara
Assam
...........Appellant(s)
Versus
1. AGLOWMED Limited
702 A , poonam Chambers, Dr. AB Road, Worli, Mumbai Maharashtra, Pin 400 018
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. JUSTICE S. Bhuyan PRESIDENT
 HON'BLE MRS. SUHANA YEASMIN MEMBER
 HON'BLE MR. Shri Sofikul Ahmed MEMBER
 
PRESENT:Sultan Mahmud, Advocate for the Appellant 1
 Kuldip Malakar, Advocate for the Respondent 1
Dated : 02 Jun 2022
Final Order / Judgement

Heard counsel for both sides. By filing petition No.119/21 the petitioner prayed to pass a direction to the FSLI Kahilipara to submit a detail report of the test which was carried out on the sample sent by this court as the FSL, Kahilipara did not submit detail report and further prays to call for (a) What is the percentage of ethanol found in the sample/medicine, (b) what is the black substance/debris which is visibly present in the sample/medicine (c) Is the sample/medicine fit for human consumption.


Learned complainant counsel submitted that the complainant only wants to call for a detail report from the FSL on the sample already sent and examined by the FSL, Kahilipara.


Learned respondent counsel submitted that respondent has objection if new sample sent for FSL examination as because the expiry date is already over and has got no objection if detail report of already sent and examined sample is called for. Learned counsel further submitted that if FSL submitted detail report as per documents available in the FSL, Kahilipara, respondent has no objection.


After hearing the counsel, going through the prayer made by the complainant, it is revealed that complainant by filing the petition prays for calling a detail report as per available record of already
 sent and examined sample. After perusal of the FSL report, I find that if a detail report of the already sent and examined sample is called for from the available record of the FSL, it would not cause any prejudice to either of the parties rather, it would lead to decide the case efficaciously. Accordingly, the prayer of the complainant is allowed. Call for a detail report from the FSL, Kahilipara regarding the sample examined which was sent vide Memo No.DJG/CON/3627 dated 18.11.2022 with facsimile of the seal "DSJ.GOALPARA'% The percentage of ethanol present, whether ethanol present in the sample medicine is consumable or eatable substance by the infant and children and whether any other material present in the sample.
Complainant is to take steps for payment of postal and other expenses related to submission of detail report as per already examined sample sent to FSL. In the above order, this Misc. Case is disposed of.

 
 
[HON'BLE MRS. JUSTICE S. Bhuyan]
PRESIDENT
 
 
[HON'BLE MRS. SUHANA YEASMIN]
MEMBER
 
 
[HON'BLE MR. Shri Sofikul Ahmed]
MEMBER
 

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