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2022 Supreme(J&K) 763

JAVED IQBAL WANI
K. K. Patel (Dr. ) – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioners: R.K. Gupta, R.S. Jamwal, Varut Kumar Gupta.
For the Respondents: Harsh Sharma.

JUDGMENT :

(Javed Iqbal Wani, J.) :

1. Inherent jurisdiction of this Court under section 561-A (now 482 Cr.P.C.) is being invoked by the petitioners seeking quashment of proceedings in criminal complaint (for short impugned complaint) filed under sections 18(a)(i) read with section 27(d) of the Drugs and Cosmetics Act, 1940 (for short the Act) titled as "Union of India v. Dr. K.K. Patel & Ors." as also order dated 16.09.2016 (for short the impugned order) pending before the court of Chief Judicial Magistrate, Jammu (for short the trial court).

2. According to the petitioners the impugned complaint came to be filed by the respondent No. 1 herein before the trial court against the petitioners herein and on the basis of which, the trial court is stated to have taken cognizance and issued process against the petitioners herein in terms of the impugned order after observing that prima-facie offences under section 18(i)(a) read with Section 27(d) of the Act are committed by the petitioners herein.

3. It is alleged in the impugned complaint that the complainant/petitioners herein being Drug Inspector appointed under the Act and in exercise of his power therein conducted a routine inspectio

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