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2023 Supreme(P&H) 1173

HARKESH MANUJA
Innova Captab – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
Mr. Akshay Jain, Advocate, for the petitioner.
Mr. Gaurav Bansal, DAG, Haryana, for respondent-State.

HARKESH MANUJA, J.

1. By way of present petition filed under Section 482 Cr.P.C., prayer has been made for quashing of Criminal Complaint Case No.2 of 08.06.2012 (Annexure P-5) and all consequential proceedings arising therefrom including summoning order dated 08.06.2012, passed against the petitioner for offence punishable under Section 28 of the Drugs and Cosmetics Act 1940 (hereinafter referred as to as ‘Drugs Act’) as well as order dated 21.12.2016 whereby the complaint case has been sent to the Court of learned Chief Judicial Magistrate, Sirsa for trial.

2. Briefly stating, facts of the present case are that on 08.10.2008 the inspecting team visited a chemist shop under the name of M/s Behal Medical Agency, Land Market, Sirsa; inspected the premises and took various samples of allopathic drugs in Form-17 for the purposes of test and analysis. Pursuant to the seizure made by the respondent, the drugs were sent to the Government Analyst and vide report dated 26.02.2009 (received by the Drug Inspector on 05.03.2009) in Form-13 issued by the Government Analyst in terms of Section 25(1) of the Drugs Act and the same was declared to be not conforming to the standard quality on account

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