KANHAIYA LAL AGRAWAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) The petitioners in the present application filed under Sec. 482 Cr.P.C. seek to challenge the order dtd. 19/10/2019 passed by learned S.D.J.M., Balangir in 2(c)CC No. 1 of 2016, whereby cognizance of the offence under Sec. 27(d) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to the "Act") was taken and summons was issued.

(3.) The brief facts of the case are that the Drug Inspector, Bolangir Range, Bolangir conducted a raid on the petitioners' pharmaceutical firm on 24/2/2016 and during such raid, it was found that the petitioners had manufactured two drugs without prior approval of the licensing authority. The stock of the said drugs was seized after observing the formalities and on the prima facie allegation that the accused persons had violated Sec. 18(a)(vi) of the Act read with Condition-3 of Order No. 04. Manufacturing Licenses in Form-25 granted under Rule 71 of the Drugs Rules, 1945, the prosecution report was submitted on 25/2/2016 in the Court of learned S.D.J.M., Bolangir. Long after i.e., on 18/10/2019 the Drug Inspector submitted sanctioned P.R. on the basis of which learned S.D.J.M. vide order dtd. 19/10/2019, took cognizance of the offence under Sec. -27 (d) of the Act, which is impugned in the present application.