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2022 Supreme(J&K) 324

SANJAY DHAR
Ashish Dhamija Manorma Dhamija – Appellant
Versus
UT of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Varut Kumar Gupta, Pankaj Kumar Sharma.
For the Respondent: Sheikh Mushtaq.

JUDGMENT :

SANJAY DHAR, J.

1. By this common judgment, two petitions, CRM (M) No. 14/2021 filed by petitioner Ashish Dhamija and CRM (M) No. 303/2019 field by petitioner Manorma Dhamija, are proposed to be disposed of. Through the medium of these petitions, the petitioners have challenged complaint filed by respondent Drugs Control Officer alleging commission of offences under section 18(a)(i) read with Section 17(B)(d), 27(c), 36-AB, 124B and Schedule V S. No. 3 of the Drugs and Cosmetics Act, 1940 and the rules made thereunder.

2. The record shows that the respondent Drugs Control Officer has lodged the impugned complaint against the petitioners and co-accused before the Court of Chief Judicial Magistrate, Shopian. As per the complaint, on 23rd January, 2018, respondent Drugs Control Officer inspected the premises of co-accused, Shahnawaz Ahmad Khanday, who is stated to be the proprietor of Bismillah Medicate, Ringward, Keller, Shopian, and sample of the drug Biocenac - P.B. No. ADT-02-1725 was collected from his shop. The said sample, upon analysis by the Government Analyst, was found to be of not of standard quality. During investigation, it was found that the drug in question has

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