IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
Sanjay Dhar, J
Nava Healthcare Pvt. Ltd v. Ut of J and K
| Table of Content |
|---|
| 1. challenge to the trial court's jurisdiction and procedure. (Para 1 , 2) |
| 2. details of the complaint and drug inspection process. (Para 3 , 4 , 5 , 6) |
| 3. concerns regarding prosecutorial procedure and accountability. (Para 7 , 9 , 10) |
| 4. importance of compliance with procedural requirements. (Para 12 , 14 , 18) |
| 5. court's decision regarding the trial court's process validity. (Para 20 , 21 , 22) |
1. Through the medium of present judgment, the afore - titled two petitions arising out of the same complaint filed by the respondent against the petitioners and co - accused before the Court of Chief Judicial Magistrate, Anantnag, are proposed to be disposed of.
2. The petitioners, who happen to be the accused in the impugned complaint, have challenged the complaint filed by the respondent against them before the trial Magistrate. By virtue of the impugned complaint, prosecution for offences under S.18(a)(1) read with S.27(d), S.18A read with S.28 of the Drugs and Cosmetics Act has been launched against the petitioners and the co - accused. Challenge has also been thrown by the petitioners to the order passed by the learned trial Magistrate whereby cognizance of offences has be
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