D K TRADERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant miscellaneous petition under Section 482 Cr. P.C., the petitioners have assailed the order dated 21.8.2004 passed by the Chief Judicial Magistrate, Bikaner (for short, "the Trial Court" hereinafter) in Criminal Case No. 291/2005, whereby the Trial Court framed charges against the petitioners for the offences under Sections 18(a)(i), 18(a)(vi), 18(b) read with Sections 16(1)a, 17(c), 17B(d) read with Sections 27(a), 27 (b) of the Drugs and Cosmetics Act, 1940 (for short, "the Act" hereinafter). Aggrieved by the order impugned, the petitioners have filed the instant criminal miscellaneous petition.

(2.) I have heard learned counsel for the parties. Perused the order impugned as also the complaint filed by complainant Devendra Kumar Kedawat Drugs Control Officer, Bikaner.

(3.) Learned counsel for the petitioners has confined his arguments to the extent of challenging the order impugned framing charge under Sections 27(a) and 27(d) of the Act and contended that in whole of the complaint, it has no where been mentioned that the drug which was seized from the petitioners was said to be sub-standard, which when used by any person for or in the diagnosis, treatment, mitigation, or prevention of any disease or disorder, is likely to cause his death or is likely to cause such harm on his body as would amount to grievous hurt within the meaning of Section 320 I.P.C. solely on account of such drug being adulterated or spurious or not of standard quality.