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2022 Supreme(HP) 581

SANDEEP SHARMA
Elnova Pharma Village Moginand – Appellant
Versus
State of Himachal Pradesh, Through Drug Inspector, H. Q. Nahan, H. P. – Respondent


Advocates Appeared:
For the Petitioner: M/s Abhishek Sethi, Richa Sethi and Pawan K. Sharma.
For the Respondent:Mr. Sudhir Bhatnagar and Mr. Narender Guleria, Additional Advocates General, with Ms. Svaneel Jaswal, Deputy Advocate General and Mr. Sunny Dhatwalia, Assistant Advocate General.

ORDER :

By way of instant criminal revision petition filed under Section 397/401 of Cr.PC, challenge has been laid to order dated 16.12.2021, passed by the learned Sessions Judge, Sirmour District at Nahan, H.P., in Criminal Complaint No. 43/3 of 2015 (registered as ST No. 3-ST/7 of 2017), whereby court below after being satisfied that prima-facie case under Section 18(a) (i) read with Section 17-B (d) punishable under Sections 27 (d) and 27 (c) of the Drugs & Cosmetics Act, 1940 (in short the “Act”) exists against the petitioners, proceeded to frame charges against them.

2. For having bird’s eye view, facts necessary for adjudication of the case are that petitioners No. 2 and 3 are the sole partners in M/s Elnova Pharma i.e. petitioner No.1, whereas petitioner No.3 is the General Manager/Production In-charge of petitioner No.1-M/s Elnova Pharma. On 16.4.2008, Drug Controller-cum-Licensing Authority, Shimla, H.P. granted licence bearing No. MB/08/692 to the petitioner-firm for manufacturing for sale/distribution of the drugs specified in Schedule C & C(i) of Form 28. On the same


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