YASHPAUL CHAIL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Akhilesh Chandra Shukla, learned counsel for the applicant, Sri Sudhir Kumar Chandraul, learned AGA for the State and perused the record.

(2.) The instant application under Sec. 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No.1036 of 2014 (State Vs. Yashpal Chail and others) under Sec. 18/27 of the Drugs and Cosmetic Act, P.S. Kotwali, District Muzaffar Nagar pending in the Court of C.J.M., Muzaffarnagar.

(3.) Facts of the case are that a complaint under Sec. 32 of the Drugs and Cosmetics Act, 1940 (for short "Drugs and Cosmetics Act") was filed in the Court of Chief Judicial Magistrate, Muzaffar Nagar on 25/2/2014 alleging that while discharging official duties the complainant took samples of three drugs for test and analysis from the premises of M/s Kumar Medicine Distributors and the Government Analyst vide report dtd. 9/7/2013 declared that the sample of the drug was not of standard quality. For ready reference relevant portion of the report is quoted hereunder:-