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2001 Supreme(Bom) 886

R.K.BATTA
Ashok Sureshchand Bal & others – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - R.K. BATTA, J.:---The petitioners are being prosecuted for offence under section 18(a)(i) read with section 16(1)(a) punishable under section 27(d) of the Drugs and Cosmetics Act, 1940 (hereinafter called the said Act) and the Rules thereunder on a complaint filed by Drugs Inspector, Wardha. An application for dismissal of complaint for want of jurisdiction and on other grounds was filed on 5-4-1994. The Magistrate vide order dated 28-6-1995, discharged the petitioners under section 245(2) of Cri.P.C.

2. This order was challenged by the State in revision before the Sessions Court, Wardha and the Sessions Judge, Wardha, vide order dated 18-5-1998 set aside the order dated 28-6-1995 of the Judicial Magistrate First Class and the parties were directed to appear before the trial Court with further direction to expedite the trial. This order is subject matter of challenge in this writ petition. Learned Advocate for the petitioners took me through the facts of the case and has basically argued on the following points:---

(1) The manufacturing unit of the petitioners is at Nagpur and since no party from Hinganghat from whom the sample of drug was taken by the Drugs Inspector ha






































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