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2023 Supreme(All) 807

ANJANI KUMAR MISHRA, NAND PRABHA SHUKLA
Jaya Jain – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Rohan Gupta

JUDGMENT :

1. Heard learned counsel for the petitioner and learned AGA.

2. Both these writ petitions arise out of same FIR and, therefore, they have been heard and are being decided together.

3. The writ petitions seek quashing of the first information report dated 02.03.2023 giving rise to Case Crime No.92 of 2023, under Sections 274, 275 & 276 of I.P.C. and Section 17, 17(a), 17(b) of the Drugs and Cosmetics Act, 1940, Police Station-Phase-3 Sector 71 Noida, Noida Commissionerate, District Gautam Buddh Nagar.

4. The contention of learned counsel for the petitioner is that the FIR has been lodged on the basis of Test Analysis Report dated 14.01.2023 of the Govt. Analyst, Regional Drugs Testing Laboratory, Chandigarh. This test report is alleged to pertain to "DOK-1 Max Syrup" and 'Ambroxol Hydrochloride Syrup (Ambronol Syrup)'.

5. It has also vehemently urged that the report merely states that the drugs on analysis were found 'not of standard quality'.

6. The first submission is that the report of the Drug Analyst would attract Section 17-A and 17-B of the Act of 1940 but the FIR has been registered under Section 17, 17(a) and 17(b) of the Act.

7. The second contention is that in the com

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