MOHAN LAL
August Remedies through Its Partner Shri Ashok Tayagi – Appellant
Versus
State of Jammu and Kashmir – Respondent
JUDGMENT :
MOHAN LAL, J.
1. By invoking the provisions of Section 561-A of the Code of Criminal Procedure 1898 (hereafter referred as the 'Code”) petitioner has sought the quashment of Criminal Proceedings in Case No. 179/75/complaint with date of institution 16.04.2010 pending trial before the court of Ld. Chief Judicial Magistrate (CJM) Udhampur for commission of offences punishable u/ss 18(a)(i) r/w Section 27 of the Drugs and Cosmetic Act, 1940 alongwith all orders passed there from. It is averred, that petitioner is a partnership firm having it's registered office at Ogli Nahan Road Kala Amb-173033 (HP), the partners in the firm have authorized their one of the partner's namely Mr. Ashok Tayagi to maintain the present petition, petitioner had acquired the license being license No. MNB/05/207 and MB/05/208 on Form No. 25 & 28 for manufacturing, sale and distribution of drugs which license was duly renewed from time to time. It is moreso averred, that respondent has field a criminal complaint u/s 18(a)(i) r/w Section 27 of Drugs and Cosmetic Act against petitioner and proforma respondents 2 to 4 (being Accused No. 1 & 3 in the said complaint) for the allegations, that on 19.12.200
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