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2013 Supreme(J&K) 142

HASNAIN MASSODI
Madan Lal Aggarwal – Appellant
Versus
State & Ors. – Respondent


Advocates Appeared:
Mr. Sunil Sethi, Sr. Advocate with Ms. Veenu Gupta, Advocates for the Petitioner.
Mr. Gagan Basotra, Sr. AAG. Mr. B.S. Salathia, Sr. Advocate with Mr. Ashish Sharma, Advocates for the Respondents.

1. Petitioner figures as accused in complaint titled "Drug Inspector v. Madan Lal Aggarwal" under Section 18-A read with Sections 28,18(a) (vi) read with Section 27(d), Drugs and Cosmetics Act, 1940. He is shown involved in case FIR No. 06/2012 under Sections 420, 468 and 471 RFC, Police Station — City, Jammu. He seeks quashment of order dated 22nd October, 2011 of Special Court (3rd Additional Sessions Judge), Jammu, whereby cognizance has been taken and process issued against him and the proceedings emanating there from, as also quashment of FIR No. 06/2012 through medium of two petitions under Section 561-A Cr.PC regis#31;tered as 28/2012 and 74/2012.

2. Before dilating on the grounds urged in the petitions on hand in support of the case set up, it would be appropriate to take an overview of the background facts.

3. Petitioner admittedly is running a Trust under name and style of Vishwa Swasthya Dham at Jammu, claimed to be engaged in providing free of cost diagno#31;sis and treatment to patients through a diagnostic laboratory and the specialists engaged by the Trust.

4. On 27th July, 2011, a team of officers from Drugs and Food Control Organi#31;zation headed by Shri Surinder Moh




























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