IN THE HIGH COURT OF JAMMU AND KASHMIR
JAVED IQBAL WANI
Syed Sareer Ahmad Andrabi – Appellant
Versus
Union Of India – Respondent
ORDER :
1. Through the medium of the instant petition filed under Article 226 read with Article 227 of the Constitution, the petitioner herein has prayed for the following reliefs:-
“I. By a writ of certiorari
The complaint and the proceedings initiated by the court of Chief Judicial Magistrate, Srinagar, in complaint file No. 2516002520820140015/14 titled Union of India v. Rajiv Mukul and others under order dated 21.08.2014 may be quashed.
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. The facts giving rise to the filing of the instant petition as stated therein are that the respondents herein filed a complaint against the petitioner herein alongwith others before the Chief Judicial Magistrate, Srinagar (for short the CJM) alleging therein the commission of offences under Section 18-A and 27 (D) of the Drugs and Cosmetics Act, 1940 (for short the Act) alleging that the petitioner herein failed to disclose the particulars from whom alleged sub-standard Drug had been acquired. The drug had been lifted from the stores of the Government Psyc
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