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2022 Supreme(J&K) 322

SANJAY DHAR
Neena Gupta – Appellant
Versus
UT of Ladakh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Varut Kumar Gupta, Pankaj Kumar Sharma.
For the Respondent: T.M. Shamsi.

JUDGMENT :

SANJAY DHAR, J.

1. By this common judgment, the afore-titled two petitions filed under Section 482 of the Cr.P.C. are proposed to be disposed of.

2. Through the medium of both these petitions, the petitioners have challenged the complaint filed by the respondent against them alleging commission of offences under section 18(a)(i) read with Section 27(d) of the Drugs and Cosmetics Act, 1940, which is stated to be pending before the Court of Chief Judicial Magistrate, Kargil.

3. A perusal of the record reveals that the respondent Drugs Inspector, Kargil, has lodged the impugned complaint against the petitioners and co-accused alleging that sample of the drug Tablet Uspas Forte collected from the shop of accused Nissar Ali was found to be not of standard quality. After completion of the necessary formalities and investigation, the Drugs Inspector lodged the impugned complaint against said Nissar Ali as well as against other accused in their capacity as distributors, dealers and manufacturers. Petitioner Arun Gupta, as per the complaint, is the competent person of M/S Janta Medical Hall, Pharmaceutical Distributor, Jammu and petitioner Neena Gupta is stated to be the proprietor-c

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