MAN MOHAN SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has sought quashing of criminal complaint that has been filed against him under Sections 18(C) and 18-A of the Drugs and Cosmetics Act, 1940, which is pending in the Court of learned Judicial Magistrate Court No. 4, Una, H.P. by invoking section 482 of the Code of Criminal Procedure, 1973 (for short 'Code').

(2.) The only ground seeking quashing of the complaint is that the complaint itself emanates out of FIR No. 249, dated 10.08.2013 that was registered against the petitioner under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act (for short the NDPS Act), in which the petitioner was ultimately acquitted by the learned Division Bench of this Court and said acquittal stands affrmed by the Honourable Supreme Court as the SLP filed against the acquittal was dismissed vide judgment dated 21.12015 and, thereafter, the present complaint on same facts even though under a different Act is not maintainable.

(3.) What appears from the record is that on the basis of the disclosure made by the petitioner in FIR No. 249 of 2013, the Drug Inspector alongwith SHO, P.S. Una and Health Staff visited the rented premises hired by the petitioner and recovered huge quantity of allopathic drugs, which was stored there without any valid drug licence and on the basis of the said recovery, the aforesaid complaint came to be filed.