IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

Cr.MMO No. 1133 of 2025 Decided on: 07.05.2026 ________________________________________________________

Sh. Rajesh Marwah H ………..Petitioner Versus State of Himachal Pradesh & Ors.

f….Respondents ________________________________________________________

Coram:

Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting? ¹ ________________________________________________________

For the Petitioner : Mr. Sunny Rawat & Mr. Atul Sahi, Advocates.

For the Respondents : Mr. Rajan Kahol and Mr. Vishal C Panwar, Additional Advocates General with Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Advocates General.

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Sandeep Sharma, Judge (oral)

By way of instant petition filed under Section 528 of Bharatiya Nagrik Suraksha Sanhita, 2023 (hereinafter, ‘BNSS’), prayer has been made on behalf of the petitioner for quashing of complaint No. HFW-HMR(PROS) DRUGS/10-09, registered as Complaint No. 58-1 of 2010 titled as State of Himachal Pradesh (through Drugs Inspector H.Q. Hamirpur) v. Anil Chand and others as well as consequent proceedings pending in the court of learned Additional Chief Judicial Magistrate, Nadaun, Hamirpur.

1 Whether the reporters of the local papers may be allowed to see the judgment?

2. For having bird’s eye view of the matter, facts relevant. for adjudication of the case at hand are that on 08.01.2009 Drug Inspector, Headquarters, Hamirpur alongwith Shri Jagdish Chand, Peon, visited the premises of M/s Shri Shri Medical Store, Opposite Bus Stand Nadaun, District Hamirpur, Himachal Pradesh. Drug Inspector concerned after having noticed that Mor. Anil Chand was conducting business of stocking and exhibiting for sale of allopathic drugs over the counter via his retail drugs licence no. HMR/2006/389 and HMR/2006/390 valid uupto 29.3.2011, picked up three samples of drug namely Chlorpheniramine Maleate Tablets (C.P. Sys-4) B. No. LGT-8106, expiry date 08/2011, manufactured by M/s Legen Healthcare, Plot No.20, Sector 05, Parwanoo, District Solan, Himachal Pradesh for chemical analysis and as per procedure, sent the same for chemical examination to Government Analyst C.T.L. Kandaghat on

05.02.2009.

3. However, vide report dated 31.10.2009 sample of aforesaid Chlorpheniramine Maleate was found “not of standard quality as defined in the Drugs and Cosmetics Act, 1940 and Rules there under” for the reason that “the sample of Chlorpheniramine Maleate tablets contained less content of Chlorpheniramine Maleate.

4. After receipt of aforesaid ‘adverse’ analysis report, Drug Inspector concerned, vide letter dated 09.11.2009, sent a communication to Anil Chand, Pharmacist, In Charge M/s Shri Shri Medical Store to disclose the information as required under Section 18-

A of the Act, who in turn, vide his reply, disclosed that the said d.rug was purchased by him from M/s Aar Kay Surgicals, Tihra Road, Sujanpur, Village and Post Office Sujanpur, District Hamirpur, vide invoice No. AKV=-908 dated 23.12.2008. Drug Inspector concerned, issued letter dated 02.12.2009 to M/s Aar Kay Surgicals, Sujanpur alongwith enclosing therewith copy oof adverse analysis report and purchase invoice, asking it to dis close the information as required under Section 18-A of the Act, who in turn vide letter dated 09.12.2009, disclosed that the druug in question was purchased by it from M/s Generica India Limited, 718, 719, Main Burari Road, Burari, Delhi vide invoice No. GIO-2530, dated 21.10.2008. Said firm also informed vide letter 09.12.2009 that drug was received by it from authorized signatory of the said firm, namely Mr. Hem Raj Thakur (hereinafter ‘petitioner’).

5. In the aforesaid background, Drug Inspector sent a notice to the afore M/s Generia India Ltd. with a copy of Adverse Analysis Report and related copies of purchase invoices, asking it to disclose the information as required under Section 18-A of the Act. Thereafter, authorized representative of afore com