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2024 Supreme(JK) 379

HIGH COURT OF JAMMU AND KASHMIR
SANDEEP VIJH – Appellant
Versus
STATE THROUGH DRUG INSPECTOR BARAMULLA (DRUGS AND FOOD CONTROL) – Respondent


ORDER :

1. The petitioner herein has filed the instant petition under section 482 Cr.P.C., [now Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)], seeking quashment of complaint titled as ‘ State through Drug Inspector Baramulla (HQ) versus Managing Director and others’, pending before the court of Additional Sessions Judge, Baramulla (for short the trial court) including the proceedings initiated thereon.

2. The facts giving rise to the filing of the instant petition as stated therein are that the petitioner is Managing Director/Proprietor of a drug manufacturing company namely M/s Knox Life Sciences with its registered office at village Gullarwala, Sai Road, Baddi, District Solan (H.P.).

The impugned complaint is stated to have been instituted by the respondent herein under and in terms of the provisions of the Drugs and Cosmetics Act of 1940 (hereinafter referred to as the Act of 1940) on 20.11.2012 before the court of Principal Sessions Judge, Baramulla, whereupon had been assigned for trial to the trial court whereafter the said trial court had taken cognizance and issued process for summoning of the accused persons including the petitioner herein for commission of of

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