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2021 Supreme(HP) 833

SANDEEP SHARMA
Virender Kansal, S/o. Sh. Sant Ram Kansal – Appellant
Versus
State of Himachal Pradesh, Through Drugs Inspector, District Sirmour, H. P. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Vijay Kumar Arora.
For the Respondent:Mr. Sudhir Bhatnagar and Mr. Desh Raj Thakur, Additional Advocates General with Mr. R.P. Singh, Mr. Kamal Kishore and Mr. Narinder Thakur, Deputy Advocates General.

ORDER :

By way of instant petition filed under S.482 CrPC, prayer has been made on behalf of the petitioners for quashing of complaint filed against them under Ss. 18(a)(i) read with S.17 punishable under S. 27 (d) of Drugs and Cosmetics Act, 1940 and the Rules, 1945 (hereinafter, ‘Act’ and ‘Rules’) and order dated 8.5.2018 (Annexure P-5) passed by learned Judicial Magistrate First Class Nahan, in Complaint No. 116/3 of 2018, titled State of Himachal Pradesh vs. Norang Raj Aggarwal and others, whereby learned court below proceeded to order summoning of the petitioners herein, in the complaint, as detailed herein above, lodged at the behest of the Drug Inspector, Nahan, District Sirmaur, Himachal Pradesh.

2. Precisely, the facts of the case, as emerge from the record, are that the Chief Medical Officer, Sirmaur at Nahan, vide supply order dated 12.7.2016(available at page 30 of the paper book), placed order with M/s Novex Healthcare, Parwanoo, District Solan, Himachal Pradesh to purchase drugs namely Inj. Frusemide, Salbutamol Syp. and Tab. Dicyclomine 10mg. Pursuant to aforesaid supply order of drugs, M/s Novex Healthcare Parwanoo supplied one Lakh tablets of Dicyclomine 10 mg. Drug

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