Possession of drugs without proper licensing constitutes a contravention of the Drugs and Cosmetics Act, justifying seizure and requiring trial for legality.

JUDGMENT :

1. The present petition is preferred under Article 226 of the Constitution of India and Section 451 of the Criminal Procedure Code, 1973, to quash and set aside the order dated 19.01.2023 passed in Criminal Misc. Application by the Chief Judicial Magistrate, Palanpur, District Banaskatha for release of Muddamal/Goods under the provisions of Section 451 of the Code of Criminal Procedure, 1973, and further to quash and set aside the order dated 16.02.2023 passed by the Sessions Court, Palanpur, Banaskatha in Criminal Revision No.07 of 2023.

2. Brief facts of the case are as under:

2.1 The petitioner has a partnership firm named Gurukrupa Industries which has 3 partners in total which legally produce chemicals through all kinds of chemical processes and even have factory license and wholesale License No.20B 21B for sale of medicine, wherein drugs are stored and sold in bulk and is engaged in the production of raw materials only and do not manufacture or sell any final product or medicine. The petitioner's firm procures this starting material from another company and stores it at a licensed premise at Chandisar and further such material is brought to the production unit as required and raw materials are manufactured and is in agreement with Brischem Sciences Pvt. Ltd from 01.06.2022. That, the petitioner's firm being under the agreement which supply with the Progesterone crude to Brischem Sciences Pvt. Ltd under the agreement and only to it. That, on 12.09.2022 Respondent No.2 seized the goods and issued Form-16 On 12.09.2022, Respondent No.2 seized the goods and issued Form-16 under The Drug and Cosmetic Act, 1940 being 16 light wooden color drum labeled as 4s Progesterone (Appro. Weight 480 Kg with drum), 6 light wooden color drum labeled as Progesterone IP (Appro. Weight 85 with drum), 3 Blue Color drum labeled as 4s Progesterone IP Batch No. PAS-FP/1/22/033 Manufactured by Birschem Sciences Pvt. Ltd (Appro. Weight 82 with drum) amounting to a sum of Rs. 80 Lakhs. Thereafter, the Respondent No.2 preferred application before Chief Judicial Magistrate, Palanpur seeking custody of the Muddamal seized dated 13.09.2022 and the Court below was pleased to pass the order within it vide order dated 13.09.2022. Thereafter, again preferred another application before Court below. Thereafter, the petitioner herein approached and preferred application before the Chief Judical Magistrate, Palanpur for release of Muddamal under provisions of Section 451 of Code of Criminal Procedure, 1973 dated 22.09.2022 which the Court Below was pleased to reject vide order dated 19.01.2023. Meanwhile, the Government Analyst Report bearing No.9911/2022 was served on petitioner wherein the report confirms the sample conforms to the standards laid down for Progesterone in IP 2018. Thereafter, the petitioner being dissatisfied by the order of the Chief Judicial Magistrate preferred Criminal Revision Application No.7 of 2023 dated 31.1.2023 which the Court Below was rejected vide order dated 16.02.2023. Under this circumstance the muddamal/goods came to be seized. Hence, this petition has been preferred.

3. Heard Mr. Akash A. Singh, learned advocate for the petitioner and Ms. Divyangna Jhala, learned APP for the respondent – State.

4.1 Mr. Akash A. Singh, learned advocate for the petitioner has submitted that the petitioner is nowhere involved in the commission of offence and the seizure of muddamal/goods has no nexus with any commission of any offence in whatsoever manner. Therefore, the present petition requires consideration and the said muddamal/goods may be released. It is also submitted that as the petitioner is engaged in the business of manufacturing the intermediary and not the final and finished product the petitioner being prosecuted and due to which petitioner has to go through grave loss even otherwise it is contrary to legislative intent behind the Durgs and Cosmetic Act, 1940. Therefore, the present petition requires consideration and the sa