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2022 Supreme(HP) 438

SATYEN VAIDYA
Unison Pharmaceuticals Through Managing Director/Partners Of M/s Unison Pharmaceuticals – Appellant
Versus
State Of Himachal Pradesh Through Drug Inspector, Head Quarter Palampur, District Kangra, H. P. – Respondent


Advocate Appeared:
For the Appellant :Sh. Anand Sharma, Sr. Advocate With Sh. Karan Sharma And Sh. Nitin Bhasin, Advocates
For the Respondent:Sh. Narender Thakur, Deputy Advocate General, Sh. Jagan Nath, Advocate, Mr. Anuj Nag, Mr. Lakshay Thakur, Advocates.

ORDER :

By way of instant petition, petitioners have prayed for following relief:

    “It is, therefore, respectfully submitted that taking account the aforesaid facts and circumstances, the present petition may kindly be allowed and the Case No. 1/2018 (215-II/2018), titled as State of Himachal Pradesh vs. M/s Unison Pharmaceuticals under Section 18 (a) (i) read with Section 27(d) of Drugs and Cosmetics Act 1940 and Rules 1945 thereunder pending before the learned Additional Chief Judicial Magistrate, Kangra, qua the petitioners, to secure the ends of justice may kindly be quashed and set aside any other relief as per the facts and circumstances of the case as this Hon’ble Court may deem fit may kindly be passed in the interest of justice.”

2. The grievance of the petitioners in nut-shell is that the complaint Annexure P-1 filed by the Drug Inspector before the learned Additional Chief Judicial Magistrate, Kangra is bad in law insofar as petitioners are concerned. It is submitted that petitioners No. 2 and 3 are partners of petitioner No.1 and the complaint Annexure P-1 is completely silent as to involvement of the petitioners in the commission of alleged offences under the Drugs and Cos

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