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2021 Supreme(Ori) 285

SASHIKANTA MISHRA
Kanhaiya Lal Agrawal – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
Mr. T. Nanda, Advocate, for the Appellant; Mr. P. Tripathy, Addl. Standing Counsel, for the Respondent.

ORDER

1. This matter is taken up through hybrid mode.

2. The petitioners in the present application filed under Section 482 Cr.P.C. seek to challenge the order dated 19.10.2019 passed by learned S.D.J.M., Balangir in 2(c)CC No. 1 of 2016, whereby cognizance of the offence under Section 27(d) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to the 'Act') was taken and summons was issued.

3. The brief facts of the case are that the Drug Inspector, Bolangir Range, Bolangir conducted a raid on the petitioners' pharmaceutical firm on 24.02.2016 and during such raid, it was found that the petitioners had manufactured two drugs without prior approval of the licencing authority. The stock of the said drugs was seized after observing the formalities and on the prima facie allegation that the accused persons had violated Section 18(a)(vi) of the Act read with Condition-3 of Order No. 04. Manufacturing Licenses in Form-25 granted under Rule 71 of the Drugs Rules, 1945, the prosecution report was submitted on 25.02.2016 in the Court of learned S.D.J.M., Bolangir. Long after i.e., on 18.10.2019 the Drug Inspector submitted sanctioned P.R. on the basis of which learned S.D.J.M. vide orde

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