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2022 Supreme(J&K) 118

RAJNESH OSWAL
Symbiosis Pharmaceuticals Pvt. Ltd. – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sachin Gupta, Advocate
For the Respondent: Mr. H.A. Siddiqui, Sr. AAG

ORDER :

Rajnesh Oswal, J.-The present petition has been filed by the petitioner-company for quashing the proceedings of the complaint titled “Drugs Inspector Jammu zone-VI vs. M/s. R. G Enterprises and others” pending before the court of learned Chief judicial Magistrate Jammu (hereinafter to be referred to as the trial court) on the following grounds:

    (a) That there is no reference to the actual role played by the petitioner and the Directors in the commission of alleged offence, which is the subject matter of the instant case and in the absence of any such specific role attributed to the petitioner, no proceedings can be initiated against the petitioner.

(b) That the proceedings initiated by the respondent No.1 against the petitioner are illegal and without any justification on the ground that the same is contrary to the guidelines issued by the Central Drugs Standard Control Organization, New Delhi India (Statutory Authority Under Act). The nature of the defect in the present case falls under category “B” “Minor Defects” and as per the guidelines so issued by CDSCO, only administrative measures by way of suspension of license could have been resorted to by the respondent No. 1 ag

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