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2023 Supreme(HP) 465

RAKESH KAINTHLA
Sameen Ahmad – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the Petitioner: Ms. Shalini Thakur.
For the Respondent: Mr. Jitender Sharma.

JUDGMENT :

(Rakesh Kainthla, J.)

The petitioner has filed the present petition for quashing Complaint No. 4 of 2018 titled State versus Norang Raj Aggarwal and others pending before the learned Judicial Magistrate, First Class, Nahan and summons dated 8.5.2018 against the petitioner. It has been asserted that a complaint was filed by the Drug Inspector before the learned Judicial Magistrate, First Class, Nahan for the commission of offences punishable under Section 18(a)(i) read with Sections 17 and 27(d) of the Drugs and Cosmetic Act, 1940 and Rules framed thereunder. As per the prosecution, the Chief Medical Officer, Sirmour at Nahan placed a supply order on 12.7.2016 with M/s Novex Healthcare, Parwanoo, District Solan, H.P. to purchase certain drugs. The Drug Inspector saw some reports published on the social media that wrapper containing tablet Dicyclomine was also shown to be containing Dexamethasone. He directed the Chief Pharmacist, office of Chief Medical Officer to inform whether said medicine was purchased by the office of Chief Medical Officer or not. Chief Pharmacist replied that one lakh tablets of Dicyclomine tablets IP (Dexamethasone I.P. 0.5 mg) were received vide Bi

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