K.B. DADISETH Vs. J.P. MEMORIAL

JUDGEMENT

(1.) The petitioners namely, K.B. Dadiseth and H. Manwani, who are accused in Criminal Complaint Case No. 199/2002 for the commission of the offence under Section 17C read with Section 27A of the Drugs and Cosmetics Act, 1940, before the Court of Chief Judicial Magistrate, Dantewada have moved this petition under Section 482 of the Cr.PC being aggrieved by the order dated 15-5-2002 passed by the learned Chief Judicial Magistrate, whereby the learned Chief Judicial Magistrate took cognizance of the offence under Section 17C read with Section 27A(1) of the Drugs and Cosmetics Act, 1940 against the petitioners as well as respondent Nos. 3 to 5 on a complaint filed by respondent No. 1 herein.

(2.) Brief facts leading to filing of this petition are that respondent No. 1 herein, who is the Secretary of J.P. Memorial Centre (Recognized Consumer Association) Kirandul, went to the Wholesale Consumer Co-operative Store Ltd., Kirondul on 27-4-1999 where respondent No. 3 herein was selling the consumable items including cosmetics items at the store and respondent No. 4 herein, P.K. Mistry, was the Manager of the said store. The complainant on the said date, i.e., 27-4-99 at about 5 p.m. went to the Consumer Co-operative Store Ltd., and purchased bathing bars (Lifebuoy Plus) through receipt No. 44654 and paid Rs. 35.20.00 paise. Thereafter, the complainant on 28-4-99 after sealing the said bathing bars sent the same for examination and analysis to the Government Analysis Drugs Examination Laboratory, Bhopal. Vide letter dated 25-9-99 the Drugs Examination Laboratory, Bhopal sent its report that the bathing bars were found disbranded which is punishable under Section 17C of the Drugs and Cosmetics Act, 1940. Thereafter, a notice was sent by the complainant to respondent No. 3 seeking information from him, reminders were also sent, but no reply was sent by respondent No. 3. Thereafter, he filed a complaint for the commission of the offence under Section 17C read with Section 27A(1) of the Act against the petitioners and respondent Nos. 3 to 5 herein in the Court of Chief Judicial Magistrate. The learned Chief Judicial Magistrate after recording the evidence of respondent No. 1 herein took cognizance of the offence against the petitioners and respondent Nos. 3 to 5, which is challenged in this petition.

(3.) I have heard Shri Surendra Singh, Senior Advocate with Shri Kishore Bhaduri, Advocate for the petitioners, Shri Alok Bakshi, Advocate for respondent No. 1 and Shri J.D. Bajpayee, Govt. Advocate for the State/respondent No. 2.