Jammu & Kashmir High Court - Srinagar Bench
Satish Kumar Singh ( Sr. Citizen) vs Ut Th. Drug Inspector Baramulla on 2 December, 2022
Author: Sanjay Dhar
Bench: Sanjay Dhar
Serial No. 106
Before Notice.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CRM (M) No. 527/2022
CrlM No. 1474/2022
Satish Kumar Singh ( Sr. Citizen)
...Petitioner(s)
Through: Mr Varut Kumar Gupta, Advocate
Mr. Imshan Ahad, Advocate.
VERSUS
UT th. Drug Inspector Baramulla
...Respondent(s)
Through: None.
CORAM:
HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER
02.12.2022.
The petitioner has challenged complaint filed by the respondent against him before the court of learned Principal Sessions Judge, Baramulla, alleging commission of offences under Section 18(a) (i) read with Section 27(d) and Section 18 A read with Section 28 of the Drugs and Cosmetic Act, 1940 as also order dated 23.03.2015 passed by the learned Principal Sessions, Judge, Baramulla whereby process has been issued against the petitioner.
It is contended by learned counsel for the petitioner that the company Cachet Pharmaceuticals Pvt Ltd of which petitioner is alleged to be a Managing Director, has not been impleaded as party to the complaint. On this ground, it is urged that the complaint as against the petitioner is not maintainable. There appears to be merit in the submission made by learned counsel for the petitioner and as such, a case for grant of interim indulgence is made out.
Issue notice to the respondent. Notice be sent to the respondent through Mr. Sheikh Mushtaq, learned AAG. Learned counsel for the petitioner shall furnish a copy of the petition to Mr. Sheikh Mushtaq, learned AAG, who may file his response by next date of hearing.
Till next date of hearing before the Bench, the proceedings in the impugned complaint as against the petitioner shall remain stayed.
Xerox copy of the trial court record be summoned. List on 01.03.2023.
(Sanjay Dhar) Judge SRINAGAR 02.12..2022 Showkat