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2024 Supreme(J&K) 346

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR 
RAJNESH OSWAL
Sanjay Chibber – Appellant
Versus
UT of Ladakh through Drugs Inspector Kargil – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Varut Kumar, Advocate.
For the Respondent: Mr. T. M. Shamsi, DSGI with Ms. Rehana Qayoom, Assisting Counsel.

ORDER :

1. The proceedings of the complaint titled as “State through Drugs Inspector District Kargil Vs. Ms. Sunita Dhawan and Ors.” under Section 18(a)(i) read with 27(d) of the Drugs and Cosmetics Act, 1940 and the order of issuance of process dated 25.03.2019 passed by the court of learned Chief Judicial Magistrate, Kargil (for short ‘the trial court’) have been impugned by the petitioner on the ground that the respondent has not arrayed the company ‘M/s Stride Health Care Pvt. Ltd’ as an accused in the complaint and in terms of mandate of Section 19(3) of the Drugs and Cosmetics Act, 1940, the proceedings against the petitioner cannot be continued in view of the admission made by the respondent in the complaint that the Drug in question was acquired from a license manufacturer/distributor and dealer by the company i.e. M/s Stride Health Care Pvt. Ltd and there is no allegation in the complaint that the petitioner had tampered with the seal of packed drug and that the same is also substantiated by the report of Government analyst. It is also urged by the petitioner that in a petition filed by accused no. 3 and 4 in the complaint, the coordinate Bench of this court has quashed the

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