PRADEEP GUPTA AND ANR. Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS criminal application, preferred Under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the summoning order dated 29.10.2004 and to the entire proceedings of Criminal Complaint Case No. 1791 of 2004, State v. Deepak Gupta and Ors., pending in the court of CJM, Dehradun.

(2.) HEARD learned Counsel for the parties and perused the material on record.

(3.) LEARNED Counsel appearing for the petitioners argued that no offence is made out against them and the petitioners have been wrongly summoned by the court below. I do not find any force in this argument for the reason that on a perusal of the complaint lodged by the respondent, who is an Inspector of Drugs, Dehradun as well as on perusing the report of Government Analyst dated 28.7.2003, in which it is stated that the Oxytetracycline Capsules IP, were not of the standard quality, the offences punishable under Sections 18(a)(i), 18(a)(vi) and 27 of the Act and also Under Section 14(3) of Drugs (Prices Control) Order, 1995 r/w Section 3/7 of the Essential Commodities Act are prima facie made out against the petitioner on the basis of the above -said discussion and the trial court has rightly proceeded to summon the petitioner to face trial.