BIRENDRA KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD. This application under Section 482 Cr. P. C. has been filed to quash the order of cognizance dated 11. 9. 2006 passed by CJM, Patna in Pirbahore P. S. Case No. 157 of 2006 which is now pending in the Court of Shri D. M. Tripathi, judicial Magistrate 1st Class, Patna. The learned CJM has taken cognizance against the petitioner under Section 27b (ii) of the Cosmetics and Drugs Act as well as under Section 420 of the IPC.

(2.) ON perusal of fardbeyan (Annexure 1), it would appear that on 25. 5. 2006 the business premises of the petitioner was raided by the informant and other and found huge quantity of different medicines stocked in his godown along with some contraband medicines without having any licence under Drugs and cosmetics Act. Accordingly, all the medicines were seized vide seizure list which is annexed with the fardbeyan. Samples of the medicines were also sent to the bihar Drugs Control Laboratory, Government of Bihar for chemical analysis.

(3.) IT is submitted on behalf of the petitioner that the prosecution of the petitioner is bad and illegal and it is misuse of process of the Court. On the relevant date of raid, the petitioner had valid licence under the Drugs and cosmetics Act, 1940. In support of it, Annexure 2 series have been filed. It is further submitted that the chemical analyst did not find any violation of limits laid down in Schedule IV of the Drugs and Cosmetics Act and rules. In support of it, the petitioner has filed Annexure 3 series.