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2021 Supreme(J&K) 190

PDC Healthcare – Appellant
Versus
Mumtaz Ahmed – Respondent


Advocates Appeared:
For the Petitioner:Mr. Varut Kumar Gupta, Advocate.
For the Respondent: Mr. H.A. Siddiqui, Sr. AAG.

JUDGMENT :

1. The present petition has been filed by the petitioner under section 482 Cr.P.C. for quashing of the criminal proceedings in a complaint under section 18(a)(i) of the Drugs and Cosmetics Act, 1940 (for short the Act), titled, Drug Inspector, Udhampur, Mumtaz Ahmed vs. M/s N.K. Medical Hall and others pending before the learned Chief Judicial Magistrate, Udhampur (hereinafter to be referred as the trial court) as also the order dated 30.11.2017, whereby the learned trial court has taken cognizance and issued process against the petitioner.

2. The brief facts as they emanate from the complaint are that on 22.08.2016, the respondent-Sh. Vikram Singh Bhau, the then Drug Inspector, Udhampur during routine inspection at the premises of M/s N. K. Medical Hall, Sudha Memorial Complex, Hospital Road, Udhampur conducted detailed inspection. Thereafter, he expressed his intention to lift samples of drugs for test/analysis for Government Analyst and filled Form No. 17 in this regard and then lifted the samples of Aceclotide-SP Tablets (Batch No. T-1650) Mfg. date 01/2016, Exp. Date 12/2017 (quantity 1x4x5x10 Tablets), manufactured by M/s PDC Healthcare, petitioner herein. Thereafter

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