ATUL KUMAR GUPTA Vs. STATE OF HIMACHAL PRADESH.

JUDGEMENT

(1.) ORDER: Present petition is filed under Section 482 of the Code of Criminal Procedure 1973 for quashing summon order dated 20.2.2014 passed by learned Special Judge -II Sirmour District at Nahan in case No. 6 -N/7 of 2014 title State of HP Vs. Atul Kumar Gupta and another whereby learned Special Judge Sirmour District at Nahan summon petitioner under Drugs and Cosmetics Act 1940 as co - accused. Brief facts of the case:

(2.) Drug Inspector filed complaint against accused namely (1) Atul Kumar Gupta son of Sh Mohan Lal Gupta. (2) Saurab Behal son of Sh Anil Behal (3) Anil Behal father of co -accused No.2 under Section 18(a)(i) read with section 17, 17 -B, 18(a)(vi), 18 -B, 18(c) and 22(3) punishable under Section 27(c), 27(d), 28 -A, 27(b)(ii) and 22(3) of Drugs and Cosmetics Act 1940. Complainant drug inspector alleged that M/s Soliance Pharma Products situated at village Surajpur Tehsil Paonta Sahib HP manufactured spurious and illegal kind of drugs for sale to general public. It is alleged in complaint that premises of the firm was raided and it was observed that proprietor M/s Soliance Pharma Products village Surajpur Tehsil Paonta Sahib HP was indulged in manufacturing of drugs relating to other manufacturers and number of drugs belonging to other Pharma manufacturers were recovered from the premises of firm M/s Himalayan Laboratories. It is further alleged in complaint that co -accused Atul Kumar Gupta has sublet premises of M/s Himalayan Laboratories to the firm namely Soliance Pharma Products. It is further alleged in complaint that by way of manufacturing drugs with label bearing the name and address of other manufacturers are fictitious. It is further alleged in complaint that samples of drugs were drawn by drug inspector for the purpose of analysis and test. It is further alleged in complaint that analyst Kandaghat after conducting necessary analysis submitted analysis report and declared that samples were not of standard quality and declared the same as misbranded. It is further alleged in complaint that M/s Lincoln Pharmaceuticals Limited filed complaint against Soliance Pharma Products C/o M/s Himalayan Laboratories village Surajpur Paonta Sahib HP. M/s Lincoln Pharmaceuticals Limited has filed complaint that M/s Soliance Pharma Products village Surajpur Tehsil Paonta Sahib District Sirmour HP had supplied them spurious and illegal drugs after submitting forged license on form -25A and form -28A bearing numbers SL -MNB/11/57 and SL -MB/11/58. It is further alleged in complaint that accused persons have intentionally manufactured illegal drugs and have sold the same to M/s Lincoln Pharmaceuticals Limited by submitting false and forged documents and licenses. It is further alleged in complaint that co -accused Atul Kumar Gupta has sublet premises on rent to M/s Soliance Pharma Products through its proprietor Saurab Behal for running the business of drugs. It is further alleged in complaint that co -accused Atul Kumar Gupta could not sublet premises to any other person or firm without approval of competent authority. It is further alleged in complaint that co -accused Atul Kumar Gupta had illegally sublet premises to co -accused Saurab Behal to carry out illegal activities in said premises. It is further alleged in complaint that co -accused Atul Gupta is the proprietor of M/s Himalayan Laboratories village Surajpur Tehsil Paonta Sahib and the firm was having valid license on form -25 and form -28. It is further alleged in complaint that firm was indulged in manufacturing of drugs other than products permitted by drug licensing authority. It is further alleged in complaint that M/s Himalayan Laboratories was found in possession of drugs and packing materials bearing the name of manufacturer which does not exist and does not possess a valid drugs license. It is further alleged in complaint that license of firm M/s Himalayan Laboratories was also cancelled by drugs licensing authority vide office order dated 30.7.2011. It is further alleged in complaint that accused persons have fraudulently used fake license numbers and thereafter sold drugs to M/s Lincoln Pharmaceuticals Limited upon fake license. It is further alleged in complaint that SHO police station Paonta Sahib intimated that police official could not take cognizance of case and handed over case file to drugs inspector and requested drug inspector to file complaint under the provision of Drugs and Cosmetics Act 1940 and Rules framed thereunder. It is further alleged in complaint that permission to launch prosecution was received from State Drugs Controller -cum -Controlling Authority Baddi HP. It is further alleged in complaint that accused persons have manufactured and sold drugs which are spurious, misbranded and not of standard quality without having valid license to manufacture the drugs.

(3.) Learned Special Judge (II) Sirmour District at Nahan vide order dated 20.2.2014 held that there is prima facie case made out against accused persons and learned Special Judge directed that accused persons be summoned under Drugs and Cosmetics Act 1940.