MOHAMMAD IQBAL MIR Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner has challenged the complaint filed by respondent No.2 against him alleging commission of offences under Sec. 18(c) of Drugs and Cosmetics Act read with Rule 65(17) of Drugs and Cosmetics Rules as also the order dtd. 22/6/2013, passed by learned Judicial Magistrate, 1st Class, Pampore, whereby process has been issued against the petitioner.

(2.) The facts emerging from the record reveal that on 22/6/2013, respondent No.2 filed a complaint against the petitioner as well as co-accused Jan Mohammad Mir and Bashir Ahmad Mir, before the Court of Judicial Magistrate, 1st Class, Pampore. In the said complaint it was alleged that, while conducting routine inspection of Pampore area on 19/12/2012, one medical shop under the name and style of M/S Fair Price Medical Shop situated at SDH, Pampore, was found indulging in stocking, exhibiting for sale and selling drugs and medicines by way of retail. As per the complaint, Jan Mohammad Mir and Bashir Ahmad Mir are the partners of the aforesaid medical shop. On 8/1/2013, the premises of the shop was again inspected and drugs, bills and physician"s sample (not for sale) were found on the shelves of the premises which were seized and, accordingly, permission for prosecution was obtained against Jan Mohammad Mir and Bashir Ahmad Mir. The complaint goes on to allege that the aforesaid two accused have committed an offence by contravening Sec. 18(c) of the Drugs and Cosmetics Act, 1940, by stocking, exhibiting for sale and selling the drugs and medicines without drug sale licence.

(3.) The learned Magistrate vide his order dtd. 22/6/2013, recorded his satisfaction that offences under Sec. 18(c) and Rule 67(17) of Drugs and Cosmetics Act/Rules, are, prima facie, made out against the accused including the petitioner and, accordingly, the process was issued against them.