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2020 Supreme(HP) 559

VIVEK SINGH THAKUR
Digital Vision – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
K.D. Shreedhar, Advocate, Shreya Chauhan, Advocate, Desh Raj Thakur, Advocate, Shiv Pal Manhans, Advocate, Raju Ram Rahi, Advocate, Gaurav Sharma, Advocate

JUDGMENT

Vivek Singh Thakur, J. - These petitions, assailing orders dated 11.03.2020 and 02.05.2020, passed by learned Chief Judicial Magistrate, District Sirmaur at Nahan, Himachal Pradesh (hereinafter referred to as CJM) arising out of one and the same proceedings/inquiry, are being decided by this common judgment as the same are to be adjudicated on the basis of common material.

2. A partnership firm M/s Digital Vision, having licence and approval from the Drug Licencing Authority, under Drugs and Cosmetics Act, 1940 (hereinafter referred to as the 'Act') and Rules framed thereunder, had been manufacturing amongst others, the drug Coldbest-PC Syrup since 2014, in its Manufacturing Unit at 176, Mauza Ogli, Nahan Road, Kala Amb, District Sirmaur, H.P., till 15.02.2020, when it was directed to stop manufacturing of this drug as well as all drugs having similar formula/composition under generic name or any brand name under its Drugs Manufacturing Licences, till further orders, for the reason that infant mortalities had taken place in Ramnagar area of Udhampur District (J & K) and it was observed by the team head of PGI, Chandigarh that Diethylene Glycol, purported cause of deaths, w

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