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SANJEEV KUMAR
Patel Nishit Vinod Chandra – Appellant
Versus
State of J&K Through Drugs Inspector – Respondent
JUDGMENT :
1. Both these quashment petitions filed under Section 561-A of the Code of Criminal Procedure, are directed against the Cognizance order dated 31st December 2015, passed by the Chief Judicial Magistrate, Jammu (hereinafter in short "CJM”) on a complaint filed by respondent through its Drug Inspector, Jammu Zone-I, under Section 18(a)(i) read with Section 27(d) of the Drug & Cosmetics Act, 1940 (hereinafter referred “Act”). The petitioners, who have been summoned to appear before the CJM, have also challenged the complaint filed before the CJM, on which cognizance was taken by the latter on 31st December 2015.
2. The petitioner in CRMC No. 29/2017 is an authorized signatory of a Private Limited Company by the name of Corona Remedies Private Limited (hereinafter "Stockist”), whereas petitioner in CRMC No. 564/2016 is managing partner of the partnership concern by the name of M/s Prosperity 6 Pharmaceuticals, Baddi, District Solan (Himachal Pradesh) (hereinafter referred as to "Manufacturer”). Both the petitioners are arraigned as accused by respondent-complainant, being distributor and manufacturer of the drug, which was found not meeting the prescribed standards by responde
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