ANIL KUMAR SABARWAL Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. P.K. Roychoudhury, learned counsel for the petitioners. Also heard Ms. L. Hage, learned Public Prosecutor for the State, respondent No. 1 as well as Mr. T. Tagum, learned Special Public Prosecutor and standing counsel for the Health Department, respondent No. 2.

(2.) By this application under Section 482 of Code of Criminal Procedure, the petitioners have prayed for quashing of the CR Case No. 123(AP)/ 2018 which is a criminal complaint case under Section 200 Cr.P.C. lodged by the Drug Inspector, office of the Director of Health Services, Arunachal Pradesh, Naharlagun before the Court of learned Chief Judicial Magistrate, Capital Complex, Yupia, alleging offence punishable under Section 19(a)(i) read with Section 27(d) of the Drugs and Cosmetics Act, 1940. The petitioners herein are the accused No. 1 and 2 in the said complaint case.

(3.) The said complaint case was made over for trial before the Court of learned Judicial Magistrate 1st Class, Capital Complex, Yupia. The said learned Court by an order dated 10.12.2018 took cognizance of the offence committed under Section 17(b)/ 18(a)(i)/ 23(3)/ 22(1)(c)(cca) of Drugs and Cosmetics Act, 1940 (hereinafter referred to as "1940 Act") punishable under Section 17B/ 27(a) and (c)/ 28/ 28A/ 22(3) of the said 1940 Act and ordered issuance of summons to the accused persons for appearance, fixing 28.1.2019 for appearance.