JYOTI GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners have challenged the order dated 24.5.2005 whereby the Chief Judicial Magistrate, Bharatpur has taken cognizance against the petitioners for offences under Sections 27(b)(ii) and 28 of the Drugs and Cosmetics Act, 1940 (henceforth to be referred to as 'the Act', for short).

(2.) THE brief facts of the case are that the petitioners, who are duly licensed by the Drug Controller, are carrying on the business of purchase and sale of Drugs and Medicines. On 17.3.2005.and 18.3.2005, an Inspection was carried out both by the Drug Inspector and by the police. While the police chalk out an formal FIR, FIR No. 66/2005, for offences under Sections 8/22 and 8/23 of the N.D.P.S. Act, the Drug Inspector filed a complaint for offences under Sections 27(b)(ii) and 28 of the Act. The petitioner No. 2, Rakesh Gupta had challenged the FIR by filing S.B. Cr. Misc. Petition No. 660/05. However, after a thorough investigation and during the pendency of the said petition, the police had submitted a Negative Final Report, which has been accepted by the learned Trial Court. Hence, that petition was dismissed as infructuous. Meanwhile, after the filing of the complaint, the learned Chief Judicial Magistrate has taken cognizance against the petitioners as aforementioned. Hence, this petition before us.

(3.) ON the other hand, Mr. Arun Sharma the learned Public Prosecutor, has supported the impugned order.