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2017 Supreme(J&K) 13

Rajeev Mukul – Appellant
Versus
State through Drugs Inspector Zone VI – Respondent


Advocates Appeared:
For the Petitioner:Mr. Varut Kumar, Mr. Sachin Gupta, Mr. S.M Ayoub, Mr. M.S Latief, Ms. Masooda jan, Advocates.
For the Respondent: Mr. Mohammad Iqbal Dar, AAG.

JUDGMENT :

Ali Mohd. Magrey, J.

The batch of these petitions shall be decided together as the point in issue involved in all the petitions is similar; therefore, this order shall govern all.

2. The respondent-Drug Inspector on market checking collected various drugs from different places of different pharmaceutical companies for testing its standard and the collected drugs were found, on testing, not to be of standard quality. Subsequently, the respondent adopted a legal course by filing complaints before the competent courts of jurisdiction. The complaints filed in terms of Section 18 (a) (i), and 27 (d) of the Drugs and Cosmetics Act, 1940, for short Act, were entertained and process issued by the respective courts.

3. On the assumption that the course adopted by the respondents' and the Designate Courts is bad in law, the petitioners in these petitions challenge its legal sanctity. Hence the petitions.

4. To make the controversy a little more vivid a brief case-wise event description is deemed appropriate, thus:-

5. Petitioner in 561-A no. 241/2016 is a partner in Zee Pharmaceuticals and is arrayed as accused in the complaint pending before the Chief Judicial Magistrate, Srinagar, in













































































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