VINEET BHAGAT Vs. STATE OF HARYANA

JUDGEMENT

(1.) Both the petitions detailed hereinabove are being decided by this common order. The petitioners in both the petitions are seeking quashing of FIR No.17 dtd. 3/2/2021 under Ss. 188, 420 IPC and Sec. 18(c) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as,'the Act').

(2.) Before proceeding further, it would be relevant to give a brief run up to the sequence of events leading to the filing of the instant petition.

(3.) The complainant/respondent No.2 received information from Ayush Haryana on 2/2/2021 qua some medicines being manufactured, without valid permission, by Shama Biotech at Plot No.46, Shahbad Road, Sector 1, Industrial Area, District Ambala. Thereafter, he along with his team inspected the aforesaid premises of Shama Biotech on the same day. During inspection, the complainant/respondent No.2 found stocks of 8 different types of Ayurvedic medicines, however, the Production Manager of the firm, who was present there, on being asked was unable to furnish any permission/license for production of the aforesaid ayurvedic medicines. The petitioner Vineet Bhagat being owner of the Shama Biotech was contacted through phone, who expressed his inability to come present at the spot. Accordingly, the complainant/respondent No.2 gave a notice as per form 15 of Drugs and Cosmetics Act to the Production Manager Mr. Khalid Raza and directed him not to dispose of the stock of medicines for 20 days and to store the entire stock inside the premises. Subsequently, petitioner Vineet Bhagat reached at the spot at 10 p.m. and in his presence the respondent No.2/complainant took three samples of the 7 types of Ayurvedic medicines, sealed them and sent them for testing to State Drug Testing Lab, Ayush Deptt., Kurukshetra. Thereafter, on the next day i.e. 3/2/2021, the FIR in question was registered at the instance of complainant/respondent No.2 for commission of offence under Sec. 18(c) of the Drugs and Cosmetics Act, Ss. 188 and 420 IPC.