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2022 Supreme(Jhk) 416

SANJAY KUMAR DWIVEDI
Nitin Raojibhai Desai, son of late Mr. Raojibhai Desai – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Indrajit Sinha, Mr. Saket Upadhyay.
For the State : Mr. Suraj Verma.

JUDGMENT :

1. Heard Mr. Indrajit Sinha assisted by Mr. Saket Upadhyay, learned counsel for the petitioner and Mr. Suraj Verma, learned counsel for the State.

2. The present petition has been filed for quashing entire criminal proceeding arising out of Complaint Case C-2 Case No. 21/2014, including order taking cognizance dated 15.01.2014 whereby cognizance under sections 17, 18(a) (i) and 27(d) of the Drugs and Cosmetics Act, 1940 has been taken against the petitioner, pending in the Court of learned Judicial Magistrate, Ist Class at Jamshedpur.

3. O.P. No. 2 has filed complaint alleging therein that 3 batches of Zyrop 2k injection of Batch No. BL113 & BL117 and Zyrop 4k injection of Batch No. BM 103 were inspected at the premises of warehouse located at Jamshedpur and found that the storage instruction on the inner zipper that the medicine to be stored at 2 degree Celsius to 8 degree Celsius is not given on the outer package therefore the medicine labeling norms are violated and the medicine is misbranded.

4. Mr. Indrajit Sinha, learned counsel appearing for the petitioner submits that on lodging of the complaint, the learned CJM, Jamshedpur has taken cognizance under sections 17, 18

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