UJJWAL SRIVASTAV Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The petitioner, through the medium of present petition, has prayed for the following reliefs: I By a writ of certiorari

(2.) At the very outset, learned counsel for the petitioner submitted that the petitioner shall not press the challenge thrown to the Amending Act of 1972, whereby the Drugs and Cosmetics Act was extended to the then State of Jammu and Kashmir.

(3.) It is stated that the petitioner is the Managing Director of M/S R. B. Remedies Private Limited. The Court of Chief Judicial Magistrate, Budgam (for short 'the trial court'), has taken the cognizance of the complaint under Sec. 18(a) and 18(b) of Drugs and Cosmetics Act, 1940, and issued the process against the petitioner as well as other accused vide order dtd. 22/7/2014. It is also stated that during the investigation, the matter was referred to respondent No.4 by the complainant and simultaneously a show cause notice was issued to the petitioner. Pursuant to the investigation conducted by respondent No.4, the product was not found to be sub-standard as alleged in the complaint. Respondent No.4 vide communication dtd. 16/5/2014, sent the appraisal report to the complainant i.e. respondent No.3 but despite the findings which dispelled the allegations levelled in the complaint, the permission for prosecution was granted by respondent No.2.