ANIL TANTIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present misc. petition has been preferred by the petitioner challenging the order dated 23.8.2017 passed by the Chief Judicial Magistrate, Sri Ganganagar in Criminal Case No.330/2017 (State vs. Firm M/s. Raghav Medical Store and Ors.)taking cognizance against the petitioner and others for the offence under Sections 27 and 28 of the Drugs and Cosmetics Act, 1940 (for short 'the Act of 1940').

(2.) Succinctly stated the facts necessary for disposal of the present petition are that the Drug Control Officer, Sri Ganganagar inspected the shop of M/s. Raghav Medical Store on 20.11.2015 on receiving a written complaint from one Harjindra Singh that expired medicines are being sold by the shopkeeper. At the time of inspection, the partner of firm Mr.Ratan Lal Garg and one Mr.Subhash Garg was present but the registered pharmacist was found absent. On the inspection being made, the complaint was found to be correct and the used medicine of which date had expired was seized. The form no.16 (inspection memo) was prepared and offending medicine was seized and sealed in a carton after taking receipt. Thereafter, during the course of enquiry, a notice was given to the firm for disclosing the details of its partners on which a document was submitted by the firm, as per which, Mr.Ratan Lal Garg and Mr.Anil Tantia were stated to be partners of the firm.

(3.) A complaint was filed against the firm, its partners and the registered pharmacist in the Court of C.J.M., Sri Ganganagar for the infringement of various provisions of the Act of 1940. The learned C.J.M. proceeded to take cognizance on the complaint and summoned the petitioner as well as other accused persons by the impugned order. Hence, the instant misc. petition has been preferred challenging the impugned order dated 23.8.2017 and all subsequent proceedings sought to be taken against the petitioner in the aforesaid complaint.