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2021 Supreme(Jhk) 516

SANJAY KUMAR DWIVEDI
Krishna Mohan Prasad, son of Suryabansh Sharma – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Deepak Kumar Prasad, Advocate
For the Respondent:Mr. Digvijay Prasad, Advocate

JUDGMENT :

Heard Mr. Deepak Kumar Prasad, the learned counsel for the petitioner and Mr. Digvijay Prasad, the learned counsel for the State.

2. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. This application has been filed for the following reliefs:

    “For quashing of entire criminal proceeding in connection with U.C.-134/14 under Section 18(a), (i) of the Drug and Cosmetic Act, 1940, pending in the court of learned Chief Judicial Magistrate, Chatra including the order taking cognizance dated 04.09.2014 by learned Chief Judicial Magistrate, Chatra so far the petitioner is concerned.”

4. Counsel for the petitioner submits that this case can be disposed of on the short point of non-compliance of the mandatory provisions of section 23(4) and 25(2) of the Drugs and Cosmetics Act, 1940 which is enough to quash the entire criminal proceedings against the petitioners including the order taking cognizance involved in the present case. The counsel su

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