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2023 Supreme(P&H) 557

MANJARI NEHRU KAUL
Vineet Bhagat – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
Mr. R.P.S. Ahluwalia and Mr. Vishal Aggarwal, Advocates, for the Appellant; Mr. Chetan Sharma, Assistant Advocate General, Haryana, for the Respondent

JUDGMENT

Manjari Nehru Kaul, J. - Both the petitions detailed hereinabove are being decided by this common order. The petitioners in both the petitions are seeking quashing of FIR No.17 dated 03.02.2021 under Sections 188, 420 IPC and Section 18(c) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as, 'the Act').

2. Before proceeding further, it would be relevant to give a brief run up to the sequence of events leading to the filing of the instant petition.

3. The complainant/respondent No.2 received information from Ayush Haryana on 02.02.2021 qua some medicines being manufactured, without valid permission, by Shama Biotech at Plot No.46, Shahbad Road, Sector 1, Industrial Area, District Ambala. Thereafter, he along with his team inspected the aforesaid premises of Shama Biotech on the same day. During inspection, the complainant/respondent No.2 found stocks of 8 different types of Ayurvedic medicines, however, the Production Manager of the firm, who was present there, on being asked was unable to furnish any permission/license for production of the aforesaid ayurvedic medicines. The petitioner Vineet Bhagat being owner of the Shama Biotech was contacted through phone, wh

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