PANKAJ KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In both the cases, common facts and FIR are under challenge, that's why both the petitions have been heard together with the consent of the parties.

(2.) In both the cases, prayer has been made for quashing of the entire criminal proceeding including the FIR, being Chutia P.S. Case No. 96 of 2016 corresponding to G.R. No. 3787 of 2016, registered for the offence under Ss. 27(b)(ii) and 27(d) of the Drugs and Cosmetics Act, 1940, against the petitioners, pending in the court of learned Judicial Magistrate, 1st class, Ranchi.

(3.) Learned counsel appearing for the petitioners submits that on 27/6/2016 the O.P. No. 2 along with other persons suddenly came in the premises of the petitioners and under the pretext of non-production of license for sale of medicines illegally seized the medicines and lodged the FIR. He further submits that the petitioner in W.P.(Cr.) No. 384 of 2016 has done his MBBS from Rajendra Medical College, Ranchi and is duly registered and qualified to practice and he has been practicing since 1988. He further submits that petitioner No. 1 in W.P.(Cr). No. 311 of 2016 has done his MBBS from NMCH, Patna and is duly registered and qualified to practice and he has been practicing since 1985 and petitioner No. 2 has done her MBBS from JLNMC&H, Ajmer, Rajasthan and is duly registered and qualified to practice and is practicing as such since 1987 and is present in Government job.