MANMOHAN CHOPRA Vs. STATE

JUDGEMENT

(1.) THIS is a petition filed under Section 482 of the Code of Criminal Procedure for quashing the complaint and the order passed by the trial court framing a charge against the petitioner and others dated 4.3.1989.

(2.) THE facts alleged are that petitioners are doing the wholesale business and hold a drug licence. Drugs Inspector, Harbhajan Singh filed a complaint contending that accompanied by Shri B.R. Wadhawan and others, the shop of the petitioner M/s Chopra Medical Hall was inspected. Both the petitioners were present on the shop and were found to be stocking for sale and distribution tablets of Betamethasone and Dexamethasone along with other drugs. The following samples were taken for analysis under the Drugs and Cosmetics Rules :-

(3.) PETITIONERS seek quashing of the complaint and the order directing framing of the charge against the petitioners. Their contention is that the drugs were in the same state in which they were acquired. The petitioners after exercising reasonable diligence could not show that drugs contravened any of the provisions of the Drugs and Cosmetics Act. The relevant invoices were available and had been sent to the Drugs Inspector. The petitioners have got the licence and were not the manufacturers. Thus, qua the petitioners, there was no case to hold that the charge has to be framed.