IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2480 of 2019 ------

1. Priya Shankar Dasgupta, aged about 64 years, S/o Mr. Shanti Kumar Dasgupta, Director, Timken India Limited, residing at J- 1810, Chittaranjan Park, P.O. & P.S. & District-New Delhi-110019.

2. Jay Swaroop Pathak @ Jai Swarup Pathak, aged about 60 years, S/o Mr. Raghunandan Swarup Pathak, Director, Timken India Limited, presently residing at Block-10 Draycott Park, Draycott 8, 14-08, P.O. + P.S.-Tanglin, Singapore, 259405.

3. Niroop Kumar Mahanty @ Niroop Mahanty, aged about 69 years, S/o Mr. Gouranga Chandra Mahanty, Director, Timken India Limited, 39, Circuit House Area, Jamshedpur-831001, presently residing at No.201, Neel House, Road No.5, 12 Circuit House Area, P.O. & P.S.-Bistupur, Town-Jamshedpur, District-East Singhbhum (Jharkhand).

4. Deepak Rastogi, aged about 52 years, S/o Mr. Mahendra Mohan Rastogi, Director, Timken India Limited, A 404, Mantri Classic Apartments, First Main, Eighth Cross, Bed Layout, Koramangala, Bangalore-560034, presently residing at G1201, One North, Next to Gold Gym, Near Magarpatta City, P.O. + P.S.-Hadapsar, Pune-

411028.

5. James Ronald Manning @ James R. Menning, aged about 60 years, S/o Mr. James Althouse Menning, Director, Timken India Limited, P.O. + P.S. Box-244 North Sutton NH 03260 USA.

6. Sanjay Koul, aged about 55 years, S/o Mr. Kanhaya Lal Koul, Managing Director, Timken India Limited, Yangtze River International Garden, 48# Wuxi City, Jangsu Province, 214023 China, presently residing at AA-05, Concorde Silicon Valley, Doddathogur Village, Begur Hobli, P.O.-South Taluk, P.S.-

Electronic City Phase-1, Bangalore-560100.

7. Soumitra Hazra, aged about 60 years, S/o Mr. Ajay Pada Hazra, Secretary, Timken India Limited, DLX-63, Carnation, Ahiana Garden, Sonari, Jamshedpur-831011, presently residing at 8051, Sobha Daffodill, 24th Main, 2nd Sector, HSR Layout, P.O.-

Somasundarapalya, P.S.-Bandepalya Bangalore-560102.

8. Dr. Shaheed Uzzamane @ Dr. S.U. Zama @ Dr. S.U. Zaman, aged about 55 years, S/o Late Mr. Masihuzzaman, MO. I/C, Dispensary, Ms. Timken India, Bara, Jamshedpur presently residing at Ak/3, AK Apartment, Razzaque Colony, Dhatkidih, P.S.+ P.O.-Kadma, Jamshedpur 831001.

9. Dinesh Singh, aged about 52 years, S/o Late Mr. T.P. Singh, Divisional Manager, H.R., Ms. Timken India Limited, Bara, Jamshedpur presently residing at No.6 Kaiser Bungalow, Kapali Road Kadma, P.O. + P.S.-Kadma, Jamshedpur 831005.

… Petitioners Versus

1. The State of Jharkhand

2. Sumant Kumar Tiwary, S/o not known to the petitioners, Drugs Inspector, Jamshedpur, P.O. & P.S.-Jamshedpur, Town-Jamshedpur, District-Singhbhum East (Jharkhand).

… Opposite Parties ------

For the Petitioners : Mr. Amit Kr. Das, Advocate For the State : Mr. Fahad Allam, Addl.P.P.

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P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties.

2. Though, notice has validly been served upon the opposite party no.2, yet no one turns up on behalf of the opposite party no.2 in spite of repeated calls.

3. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash and set aside the entire criminal proceeding in connection with C/2 Case No.42 of 2014 including the order dated 15.03.2014 passed by learned Judicial Magistrate-1st Class, Jamshedpur whereby and where under the learned Judicial Magistrate-1st Class, Jamshedpur has taken cognizance of the offences punishable under Section 18 (c) of the Drugs and Cosmetics Act, 1940 against the petitioners.

4. Learned counsel for the petitioners submit that the allegation against the petitioners is that the petitioners stocked, sold and distributed the schedule-H drugs without obtaining a drug license, in violation of Section 18 (c) of the Drugs and Cosmetics Act, 1940 and Rule-6 of the rules thereunder. It is next submitted that there is no allegation that the complainant-Drug Inspector seized any drug nor he