RAMSON REMEDIES, PHARMACEUTICAL MANUFACTURER Vs. STATE

JUDGEMENT

(1.) The instant application has been moved under Section 526 of Code of Criminal Procedure for transfer of Criminal Complaint titled, "State through Drug Inspector Vs. M/S Ramson Remedies" pending before the Court of learned Special Mobile Magistrate (Sub-Judge), Pulwama to any other competent Court preferably at Jammu on account of prevailing law and order problem in Kashmir valley.

(2.) The grounds taken in the instant application are that the applicant/petitioner is an authorized person appointed by the Firm, i.e., M/S Ramson Remedies having its registered office at Manufacturers, 186-187, Industrial Focal Point, Metha Road, Amritsar, (Punjab), India. The present petition is maintained by the Manager of the Company, who has been duly authorized by the firm. The respondent has filed a criminal Complaint under Section 18 (a) (i) read with Section 27 (d) of Drugs and Cosmetics Act, 1940 before the Court of learned Special Mobile Magistrate (Sub-Judge), Pulwama and the petitioner has caused his respective appearance before the Court below. The above said Complaint is pending for appearance of other accused persons and the Court below has issued the process against them.

(3.) The proceedings initiated by the respondent against the petitioners have been instituted upon a Complaint and hence, the procedure laid down in the Code of Criminal procedure of trial of summons cases is to be followed. Further the offences alleged are punishable upto an imprisonment, which may extend to two years and with fine. The applicant/petitioner is filing the present Criminal Transfer Application, seeking transfer of the above mentioned Complaint from Pulwama to any other Court of competent jurisdiction preferably Jammu on account of prevailing law and order problem in Kashmir Valley and also on other grounds, which are detailed herein as under:-