TORQUE PHARMACEUTICALS PVT LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner no. 1, M/s Torque Pharmaceuticals Private Limited, is a company incorporated under the Indian Companies Act, 1956. It is engaged in manufacturing and supply of the bulk drugs. The petitioner no.2 is the authorized signatory of the said company. They have been made accused in Agamkuan P.S. Case No.332 of 2012 dated 31.12.2012 registered under sections 406, 420, 273 read with 34 of the Indian Penal Code (for short "the Code"), 27(b)(ii) and 27(d) of the Drugs and Cosmetics Act, 1940 (for short "the Act. 1940"). The petitioners have made two prayers in the present application filed under Articles 226 and 227 of the Constitution of In-dia. The first prayer of the petitioners is to quash the FIR of the aforesaid case and their second Prayer is for issuance of a direction to the respondents to unlock the sealed premises/ godowns and to release the drugs/medicines belong to the petitioner no. 1. Basic facts:

(2.) One Avinash Patel, Drug Inspector, Patna-19, 20, 21, 22, 23, 247 submitted a written report to the officer-in-charge of Agamkuan Police Station on 31.12.2012 stating therein that in the light of the order as contained in memo no. 1429 (15) dated 20.12.2012 of the State Drug Controller, Bihar, Patna, after taking approval from the Principal Secretary, Department of Health, an inspecting team inspected the godown of M/s Torque Pharmaceuticals Private Limited, Transport Nagar, Pahari, Patna. In course of inspection, it was found that the said firm had stored drugs in two other unauthorized godowns without obtaining license. As a result, the drugs stored in the two unauthorized godowns were seized in accordance with law in presence of the representative of the firm. The inspecting team conducted inspection from 24.12.2012 to 31.12.2012 and prepared its inspection report. In the written report submitted to the police, it has been stated as follows:-

(3.) On the basis of the aforesaid allegations a formal FIR was drawn and Agamkuan P.S. Case No.332 of 2012 was registered against the petitioners and one Pramjeet Singh Chadhwal, the Managing Director of the company in question.