RAJNESH OSWAL
Ujjwal Srivastav – Appellant
Versus
State Of J. &K. – Respondent
JUDGMENT :
1. The petitioner, through the medium of present petition, has prayed for the following reliefs:
A. The permission for launching prosecution granted vide order No. DFO/D-T/1278/193-95 dated 11.04.2014 by respondent no. 2 may be quashed.
B. The order of the Learned Chief Judicial Magistrate, Budgam, taking cognizance of the complaint titled State through Drug Inspector v. M/S Tulbross Formulations and others, dated 22.07.2014 in complaint No. 27/ may also be quashed.
C. The complaint may be accordingly quashed in the interests of justice.
II. By a writ of mandamus, The Amending Act 19 of 1972, whereby the Drugs and Cosmetics Act, 1940 was extended to the State of Jammu & Kashmir be declared ultra vires as violative of Article 370.
2. At the very outset, learned counsel for the petitioner submitted that the petitioner shall not press the challenge thrown to the Amending Act of 1972, whereby the Drugs and Cosmetics Act was extended to the then State of Jammu and Kashmir.
3. It is stated that the petitioner is the Managing Director of M/S R. B. Remedies Private Limited. The Court of Chief Judicial Magistrate, Budgam (for short ‘the trial court’), ha
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