SHIPRA BANSAL Vs. DRUG INSPECTOR, UDHAMPUR

JUDGEMENT

(1.) Inherent jurisdiction of this Court under Section 561-A (Section 482) is being invoked by the petitioner for quashment of complaint titled as 'Drug Inspector (HQ) Vs. Rajinder Kumar Sharma and others' pending before the Court of learned Chief Judicial Magistrate, Udhampur (for brevity 'trial Court')

(2.) The petitioner claims to be the proprietor of M/s. Santoshiba Herbs India having its registered office at Sector -27-28, Industrial Area, Hisar, Haryana. The said concern of the petitioner is stated to be possessed of a license under License No. 387-ISM (HR) for manufacturing Ayurvedic Drugs granted under and in terms of the Drugs and Cosmetics Act of 1940 and Drugs and Cosmetics Rules, 1945 (hereinafter for short 'the Act and the Rules').

(3.) A criminal complaint is stated to have been filed in the Court of learned Chief Judicial Magistrate Udhampur by the respondent No. 1 against the petitioner herein, besides M/s. Aee Dee Enterprises and one Rajinder Kumar Sharma, proprietor of M/s Sudesh Pharmaceuticals, Main Bazar, Udhampur for having committed offences under Sections 18(a)(i) read with Section 27(b)(i) [for manufacturing sale and distribution of an adulterated drug, Sweet Night Capsules (Batch No. SN-112)] and Section 18(c) read with Section 27(b)(ii) of the Act.