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2023 Supreme(Jhk) 729

ANIL KUMAR CHOUDHARY
Curetech Formulations Private Limited – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Mukesh Kr. Banka, Mr. Girish Mohan Singh, Ms. Malsi, Advocate
For the Respondent: Mr. Ashutosh Anand, Addl. Adv. General

JUDGMENT :

Heard the parties.

2. This Cr.M.P. has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceeding including the order taking cognizance dated 16.05.2020 passed by learned Additional Judicial Commissioner-II, Ranchi in connection with Drugs & Cosmetics Case No.01 of 2020 in which cognizance of the offence punishable under Sections 27 (b) (ii) and 27 (d) of the Drugs and Cosmetics Act, 1940 was taken, which is now pending in the court of learned Additional Judicial Commissioner-II, Ranchi.

3. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is a manufacturer of Neuro Gardian Tablet and Fit Eye Tablet but the petitioner does not have the license for manufacturing of the said drugs which were subsequently sold by the co-accused persons. Hence, it is alleged that the petitioner has inter alia committed the offences punishable under Sections 27 (b) (ii) and 27 (d) of the Drugs and Cosmetics Act, 1940 and the learned Additional Judicial Commissioner-II, Ranchi has taken cognizance of the said offences inter alia against the p

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