RAM CHANDER Vs. P K GUPTA

JUDGEMENT

(1.) By this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") the petitioner has prayed for quashing of complaint filed by the Drugs Inspector (respondent No.1) under Sections 18(c) & 18(4)(i) read with Sections 27(b)/27(a) & 27(c) of the Drugs and Cosmetics Act, 1940 (for short "the Act").

(2.) Facts in brief are that on 17th March, 1986, at 12 noon Mr.R.P. Negi, Drugs Inspector along with Rajender Parsad, S.I. of P.S. Sadar Thana, Delhi on receipt of secret information reached the shop of M/s.Sonu Packers, Sadar Bazar, Delhi of which the petitioner was the partner. He was found in possession of 25 kg of white flat tablets scored on one side and imprinted on the other side with the word 'wyeth', which were found kept in a polythene sack and two card board boxes. The average weight of these tablets was found between 100 to 115 mg. The Wyeth tablet is a drug within the meaning of Section 3(b) of the Act (hereinafter "the tablets"). The Inspector took into possession the entire stock for analysis as per the procedure laid down under Section 23 of the Act. Intimation to the accused in form No.17 was given on the spot and the Metropolitan Magistrate was Informed. On disclosure statement of the petitioner, premises of one Madan Lal R/o 1714, Basti Julahan, Sadar Bazar, Delhi were raided, wherefrom 25 kg. of white power etc. was recovered. On analysis, by the Government Analyst, the tablets were found to contain only starch. The accused was found engaged in illicit trade of sale of spurious drugs. After completion of investigation, complaint was filed by the Drugs Inspector, cognizance was taken and the petitioner was summoned. On 15th May, 1995, Metropolitan Magistrate framed charge under Sections 18(1)(a) read with Section 27(c) and under Section 18(c) read with Section 27(b) of the Act, against the petitioner. It was also held that no charge under Section 18(1)(a) read with Section 27(a) was made out. The petitioner filed a revision petition against the order framing the charge and the same was dismissed on 6th July, 1999. Thereafter, the petitioner filed the above petition under Section 482 Cr.P.C. praying for quashing of the charge and the complaint.

(3.) I have heard learned counsel for the petitioner, APP for the State, Sh.Aman Lekhi, Amicus Curiae and have been taken through the record.