YOGENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard both sides.

(2.) The petitioner has filed the present application under Section 482 of the Cr.P.C. for quashing the order dated 17.09.2009 passed by SDJM, Patna in Special Case No.06 of 2009 arising out of Pirbahore P.S.Case No.186 of 2009 whereunder cognizance for the offence under Section 420 of the IPC and Section 7 of the Essential Commodities Act was taken against the petitioner.

(3.) The facts in brief is that one Ashok Kumar Yadav, Drug Inspector, Patna filed a written report before Pirbahore police station alleging inter-alia that pursuant to a letter bearing no.220 (Ra Auo.Ni) dated 29.04.2009 issued by the Directorate of Drug Control Administration, Bihar, Patna, the Health Department constituted a team for inspection of the business premises of this petitioner, known as Satyam Distributors, Saraf Bhawan, Govind Mitra Road, Patna. After inspection, a report was submitted and on that basis, the present case was lodged against the said firm M/S Satyam Distributor. As per inspection report, it is alleged that five drugs mentioned at sl.1 to 5 were supplied to the PMCH by the said firm on high price than the MRP fixed by the manufacturer. At the time of inspection, the nephew of the proprietor was also present but he refused to sign the inspection report and accept the copy of inspection report which amounts to making of obstruction during inspection and thus, he violated the provision of Section 22 (3) of the Drug and Cosmetic Act, 1940. The firm has sold the drugs above the rate than the MRP marked over the drug which contravene the provision of para 16 and 19 of the Drug (Pricing Control) order 1995 punishable under Section 7 of the Essential Commodities Act.