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2012 Supreme(Pat) 1425

RAKESH KUMAR
Shesh Narayan Singh – Appellant
Versus
State Of Bihar – Respondent


ORDER

The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 11.12.2009 passed by the learned Judicial Magistrate, 1st Class, Patna City in Agamkuan P.S. Case No.234 of 2009, whereby the learned Magistrate has taken cognizance of offence under Sections 420/468/34 of the Indian Penal Code and 17B, 18(a)(i), 18 (c) of Sections 27(a)/27(b) (ii) and 28/27 (c) of the Drugs & Cosmetics Act,1940 (hereinafter referred to as the “Act”).

2. Short fact of the case is that on 13.10.2009, the Drug Inspector, Patna submitted a written report before the Officer Incharge of Agamkuan Police Station regarding violation of provisions contained in Section 17B, 18(a) (ii), 18(c) and 18A of the Act. It was disclosed in the written report that as per direction of the State Drug Controller, Bihar, Patna, a raid was conducted by a raiding party in the house of the petitioner. It was found on search that two persons, namely, Naresh Rai and Md. Mumtaz were sticking label on the bottles of the medicine. The medicine, namely, Xylocaine 2 % 30 ml, Terramycine injectable solution (Vet) 30 ml. Vials. In






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