DILIP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these petitions filed under Section 438, Cr. P.C. since arise of FIR No. 272/96 registered and pending investigation with the Police Station, Shastri Nagar, Jodhpur under Sections 420, 465, 467, 468 read with Section 471 and 120-B .I.P.C., both the petitions are disposed of by this common order.

(2.) I have heard the learned counsel for the petitioners as well as the learned public prosecutor.

(3.) Briefly stated, the prosecution story, as is revealed from the F1R lodged by the Joint Director, Medical and Health Services, Jodhpur Zone, Jodhpur along with enclosures and relevant documents, is that the petitioner Umesh Chandra Bansal was posted and working as Assistant Drug Controller at Jodhpur during the relevant period and he was authorised to issue licences to sell, stock or exhibit or offer for sale or distribute by retail, drugs as specified pursuant to the provisions of the Drugs and Cosmetics Act, 1940 and the Drugs and Cosmetics Rules, 1945 framed thereunder. Since the licensed concerns could have carried on these business through the agency of qualified and registered pharamcists, as licensed by the licensing authority, Mr. Bansal issued licences authorising pharmacists registered there along with to the concerns, besides others to the concerns as are listed and are subject matter of enquiry and investigation situated within the territory of Revenue Districts Jodhpur, Pali, Jalore, Sirohi, Barmer and Jaisalmer.