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2023 Supreme(Jhk) 1158

ANIL KUMAR CHOUDHARY
Ashok Monga, Managing Director of Rhydburg Pharmaceutical Limited – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Pratik Sen.
For the Respondent: Vineet Kr. Vashistha.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. 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 to (a) quash the entire criminal proceeding arising out of Drug and Cosmetic Case No. 235 of 2013 (CIII-235 of 2013) including the order dated 28.06.2013 whereby and where under the learned Additional Chief Judicial Magistrate has taken cognizance for the offence punishable under Section 27(b) and 27(d) of the Drugs and Cosmetic Act, 1940 and ordered for issuance of summons inter-alia against the petitioner for appearance in connection with the said case and other prayers but at the outset, the learned counsel for the petitioner confines his prayer to prayer no. (a) mentioned in Para-34 of the petition and do not press the other prayers.

3. The brief facts of the case is that, the Drug Inspector, Ranchi instituted a prosecution report inter-alia against the petitioner and co-accused persons alleging therein that in Reproductive and Child Health Centre, Namkum, Ranchi, the Government supply of Vitamin A Syrup I.P. in 100 ml was invited through tender and the company; of which the petitioner is the

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