DESH BANDHU GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Biren Poddar, learned senior counsel appearing on behalf of the petitioner and Mr. S.K. Dwivedi, learned counsel appearing on behalf of the opposite party no.2.

(2.) In this application the petitioner has prayed for quashing of the entire criminal proceeding in connection with Complaint Case No.182 of 2004 including the order dated 29.06.2004 passed by the Judicial Magistrate, Bokaro at Chas by which cognizance has been taken for the offence punishable under section 27 (b) of the Drugs and Cosmetics Act, 1940.

(3.) A complaint case was instituted by the opposite party no.2 in which it was alleged that the complainant had purchased Hepp Fort Syrup of Iron and Folic Acid on prescription of doctor for administering it to his wife from retail medicine dealers M/s Medicine House. It is alleged that when the bottle was being opened for administering it to his wife, an iron nail was fixed in upper lid of the bottle which led the complainant to proceed to the retail medicine shop for pointing in out to the dealer. An averment has been made in the complaint petition that a legal notice was sent to the petitioner but since no action was taken, the complaint petition was instituted alleging that the manufacturer was involved in the manufacture of an adulterated medicine with an intention to deceive the purchaser. Based on the aforesaid allegation, Complaint Case No. 182 of 2004 was instituted. Upon conducting an inquiry under Sec. 202 of the Cr.P.C by examining the complainant as well as the witness cognizance was taken by the learned Judicial Magistrate, Bokaro at Chas on 29.06.2004 for the offence punishable under section 27 (b) of the Drugs and Cosmetics Act.