Allahabad High Court
Vikash Chauhan vs State Of U.P. And Another on 10 September, 2025
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:160093
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 7336 of 2025
Vikash Chauhan
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Tanisha Jahangir Monir
Counsel for Opposite Party(s)
:
G.A.
Court No. - 72
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. The present 528 BNSS application has been filed to quash the charge-sheet dated 24.04.2024, cognizance order dated 03.05.2024 as well as entire proceeding of Case No.27808 of 2024 arising out of Case Crime No.171 of 2024, under sections 274, 275, 276 & 420 I.P.C., Police Station Sahibabad, District Trans Hidden (Commissionerate Ghaziabad).
3. Instant FIR lodged on 05.03.2024 alleging therein a factory making spurious medicines based at Flat No.77, first floor, Rajendra Nagar, Industrial Estate, Mohan Nagar, Ghaziabad was discovered in presence of the applicant on site. It was further alleged that drugs under the description of OMAZE DSR, Batch No.E2302779, manufactured by M/s Dr.Reddy's Laboratories Ltd. Village Mauja Thana, Baddi, District Solan (H.P.) 156x10x15 caps came to be discovered in huge quantities, which the applicant allegedly confessed to manufacturing and packing them on site without authorization. It was further alleged that lebels for PAN-D alongwith gelatine capsules were found also marked as production of OMAZE DSR, by M/s Dr.Reddy's Laboratories Ltd., machines, air compressors and different lebels for PAN-D medications were also found on site, meant for production and packing of spurious drugs. It was further alleged that the applicant confessed that aforesaid site had been lent to the applicant by one Saurabh Kumar Singh in partnership on rent. Further it was stated that concerned site was owned by one Devendra Kumar Tyagi, who questioned by the investigation team, further revealed that the concerned site had been rented out to the applicant and his partner vide rent agreement dated 05.10.2023 which was reproduced before the authorities. It was further alleged that the applicant had been asked to produce his license for manufacture and stocking of the concerned drugs, regarding which he confessed that the entire enterprise was being run by him without any license, whatsoever he did not have been any receipts or documentation showing valid acquisition of machines and stocks of medicines contained on site. It is alleged that the applicant confessed to owning a shop at A/8, New Defence Colony, Bhaupur, Sahibabad, Ghaziabad which dealt in trade of medicines manufactured and packed on the site concerned. It was further stated that the Drug Inspector took samples in triplets of OMAZE DSR, Batch No.E2302779, green filled gelatine capsule which was labeled PAN-D and white coloured hard gelatine capsule labeled as OMAZE DSR by Dri Reddy's in cognizance with Drugs and Cosmetics Act, 1940 in form 17, 17A and 18. It was further stated that the shop of the applicant was also raided by the investigation team whereby allopathic medications labeled OMEZ DSR, GLUCONORM G2, TELMA H, MOBIZOX, PANTOCID DSR, DEFLAZOCORT tablets, GLUCONORM GI came to be found in huge quantities. It was further alleged that the applicant confessed to not possessing any receipts or documentation showing valid acquisition of the aforesaid medications. Aforesaid stocks of medication and their samples were also taken in custody under Form 17, 17A and 18. Applicant was apprised of his offences under section 18, 27 of Drugs and Cosmetics Act, 1940, while preparing recovery memo of concerned materials. Learned counsel for the applicant submits that the applicant is innocent and have been falsely implicated in the present case. Present FIR is not supported by any evidence. Moreover, Investigating officer has not collected any material evidence against the applicant. Learned counsel for the applicant has stated in Para-21 that charge-sheet has been filed after receipt of reports from the Government Analyst pertaining to white coloured pellets that tested negative for pantoprazole and domperidone, without awaiting result of rest of medications allegedly recovered.
4. Per contra, learned A.G.A. vehemently opposed the submission raised by applicant's counsel and submitted that instant proceeding lodged by opposite party no.2 under sections 274, 275, 276 and 420 I.P.C. No proceeding has been initiated under Drugs and Cosmetic Act. Proceeding under section I.P.C. is very much maintainable by lodging FIR. From perusal of FIR and other material evidence collected, filed with present application discloses offence under aforesaid section is made out against the applicant. Charge has been framed against the applicant. Trial proceeding is going on. Framing of charge order dated 25.06.2024 is filed as Annexure 8 to the affidavit.
5. The grounds taken in the application reveal that many of them relate to disputed question of fact. This Court is of the view that it is well settled that the appreciation of evidence is a function of the trial court. This Court in exercise of power under Section 482 Cr.P.C. cannot assume such jurisdiction and put an end to the process of trial provided under the law. It is also settled by the Apex Court in catena of judgments that The impugned criminal proceeding against the applicants is abuse of the process of the Court and is liable to be quashed by this Court.the power under Section 482 Cr.P.C. at pre-trial stage should not be used in a routine manner but it has to be used sparingly, only in such an appropriate cases, where it manifestly appears that there is a legal bar against the institution or continuance of the criminal proceedings or where allegations made in First Information Report or charge-sheet and the materials relied in support of same, on taking their face value and accepting in their entirety do not disclose the commission of any offence against the accused. The disputed questions of facts and defence of the accused cannot be taken into consideration at this pre-trial stage.
6. In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, Manik B. Vs. Kadapala Sreyes Reddy and another, 2023 Live Law (SC) 642, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 528 BNSS as the same do not suffer from any illegality or infirmity.
7. Considered the submission of both the parties. Reliance placed by applicant upon the judgment of High Court of Bombay in Subramanian K.V. and another vs. State of Maharashtra: 2020 SCC Online Bom 9137, is not applicable in the present case as in that case FIR was registered under sections 274, 275 & 276 I.P.C. and Section 17(B) (d), 17(A)(f), 27(c) of the Drugs and Cosmetics Act, 1940 and order has been passed while deciding anticipatory bail application. Present facts of the case and facts of the case narrated in order over which the applicant has placed reliance are entirely different. In the present case, FIR has been lodged under sections 274, 275, 276 & 420 I.P.C. and the offence mentioned in the FIR is very much cognizable by lodging FIR. Moreover, charge has been framed against the applicant by order dated 25.06.2024 but applicant has not challenged the framing of charge order. The framing of charge order dated 25.06.2024 does not contain any illegality, same has been passed after hearing the accused persons/applicant. Cognizance and summoning by learned magistrate is just and proper. No interference is warranted. The present 482 Cr.P.C. application of applicant- Vikash Chauhan is hereby dismissed with the aforesaid observation.
(Deepak Verma,J.) September 10, 2025 SKD