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2021 Supreme(J&K) 569

RAJNESH OSWAL
Laborate Pharmaceutical India Ltd. – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner: Sachin Gupta.
For the Respondent: H.A. Siddiqui.

JUDGMENT :

1. The present petition has been filed by the petitioner-Company under section 561-A Cr.P.C. (now 482 Cr.P.C.) for quashing the proceedings in case No. 70-Complaint of 2010 under section 18(a)(i) read with section 27 of the Drugs and Cosmetics Act, 1940 (for short the Act), titled, "Drug Inspector vs. Shiva Medicine Traders" and all orders passed therein, pending before the learned Excise Magistrate, Jammu.

2. The brief facts as they emerged from the complaint are that on 07.10.2008 the respondent No. 1-the Drug Inspector went for a routine inspection along with his team members and visited the premises/shop of M/s Shiva Medicine Traders, respondent No. 2 herein situated at Reshamghar Colony, Jammu and lifted the samples of various drugs from the shop of aforesaid trader. The drugs lifted for test/analysis for Government analysis included the tablet Labchlor-250, Batch No. RDC 016, date of manufacturing 06/2018, expiry date 05/2010 manufactured by the petitioner and the Form No. 17 was filled in this regard. After preparing the samples, the Drug Inspector has also filled Form No. 18 for the purpose of sending the samples in question to the Government Analyst, C. F. D. L. J

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