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2023 Supreme(Jhk) 1056

ANIL KUMAR CHOUDHARY
Khushi Ram Agarwal, son of Jaikishan Lal Agarwal – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Vikram Sinha, Adv.
For the State : Mr. Abhay Kr. Tiwari, Addl.PP

JUDGMENT :

Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer for quashing the entire criminal proceeding and the order dated 18.07.2022 passed by learned Additional Sessions Judge- II- Cum-Special Judge, CBI-cum- Special Judge, (Cyber Crime Cases & Electricity Act Cases), Dhanbad in connection with Misc. Criminal Application No. 1262 of 2022 arising out of Drugs and Cosmetics Case no. 01 of 2021 whereby and whereunder learned Additional Sessions Judge-II has rejected the application filed under Section 227 of the CrPC by petitioners for their discharge in the case.

3. The allegation against the petitioners is that the Drug Inspector seized one articles in the name and style of Phencyrex Cough syrup (100 ML) Batch no. 33097-SMB1, manufacturing date Sep. 2017, Expiry Date – August, 2019 manufactured by M/s Smilex Healthcare Pvt. Ltd. -54, EPIP-1, Jharmajri, Baddi-174103, Dist.- Solan, H.P., Licence no. – L/15/1665/MNB seized from the establishment/shop of the accused M/s Baba Medical Agency, Dhanbad, of which, undisputedly, both the petitioners are the partners and the allegation that

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