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2021 Supreme(J&K) 259

Man Mohan Sobti – Appellant
Versus
Bharti Bachloo C/o Central Drugs Standards Control Organization India – Respondent


Advocates Appeared:
For the Petitioner:Mr. Varut Gupta, Advocate.
For the Respondent:Mr. Satinder Singh, Advocate.

JUDGMENT :

1. Petitioners have challenged the complaint filed by respondent against them before the Court of Chief Judicial Magistrate, Srinagar, under Section 18(a) (i) read with Section 27(d) of the Drugs and Cosmetics Act, 1940, and the proceedings initiated thereon.

2. It appears that the respondent Drugs Inspector has filed a complaint for offences under Section 18(a) (i) read with Section 27(d) of the Drugs and Cosmetics Act, 1940 [for short “the Act” hereinafter] against the petitioners and four more accused before the Court of Chief Judicial Magistrate, Srinagar, and on the basis of the said complaint, the learned Magistrate has, vide order dated 21.08.2014, after observing that, prima facie, commission of offences under Section 18(a) (i) read with Section 27(d) of the Drugs and Cosmetics Act, 1940, are made out against the accused including the petitioners herein, issued process against the accused.

3. In the complaint it has been alleged that on 25.04.2013, when the complainant conducted a routine inspection of drugs in Sub District Hospital, Pampore, she lifted the sample of certain drugs for test/analysis including the one pertaining to “NIMTH {Injection IP} (Batch No.NP-1

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