JUDGMENT

The petitioner has challenged the complaint filed by respondent No.1/Drugs Inspector against it alleging commission of offences under Sections 18 read with Section 27(d) and Section 18 B read with Section 28 of the Drugs and Cosmetic Act, 1940 and the proceedings initiated thereon.

2. It appears that respondent No.1/Drugs Inspector has filed a complaint for offences under Section 18 read with Section 27(d) and Section 18-B read with Section 28 of the Drugs and Cosmetic Act, 1940 (hereinafter referred to as “the Act”) against the petitioner and co-accused before the Court of Chief Judicial Magistrate, Jammu and on the basis of the said complaint, learned Magistrate has, vide order dated 29th January, 2010, issued process against the petitioner as well as other co- accused.

3. In the complaint it has been alleged that on 24th July, 2007, the Drugs Inspector, Jammu conducted inspection of the premises of M/s Ajay Medicine Traders, a proprietorship concern of Sh. Ajay Gupta (co-accused) and he lifted the sample of drugs namely, Tab Norflox 400 and Tab Restyl 0.5 mg and in this regard he filled Form No.17 on spot. The sample was sent to the Government Analyst after its seal