Abhishek Kumar vs State of Jharkhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Jhk) 880

GAUTAM KUMAR CHOUDHARY
Abhishek Kumar – Appellant
Versus
State of Jharkhand – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Rohit Sinha, Advocate
For the Respondent: Mr. P.D. Agrawal, SPP

JUDGMENT :

1. The instant Cr.M.P. has been filed for quashing of the entire criminal proceeding including the order dated 11.08.2021 whereby charge has been framed against the petitioners under Sections 420, 188 and 120(B) of the Indian Penal Code, under Sections 27(b)(ii), 27(d) read with Section 18(C) of the Drugs and Cosmetics Act, 1940, under Section 53 of the Disaster Management Act, 2005 and under Section 7 of the Essential Commodities Act read with Drugs (Price Control) Order, 2013 in connection with Jagarnathpur P.S. Case No.156 of 2021 corresponding to Drug & Cosmetic Case No.08 of 2021 registered under Sections 420, 188 and 120(B) of the Indian Penal Code, under Sections 18(b), (c), 27(b)(ii), 27(d) of the Drugs and Cosmetics Act, 1940, under Sections 51/58 of the Disaster Management Act, 2005.

2. Drug Inspector is the informant of the case. Case of the prosecution is that on information regarding illegal sale/purchase of Remdisivir at Birsa Chowk, the informant along with the Police party conducted raid in which petitioner No.2 [Gulsan Kumar @ Aman Kumar] was apprehended in possession of six vials of Remdisivir and he disclosed that these injections were being black market

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