This application under Section 482 Cr.P.C. sought quashing of criminal proceedings regarding alleged sale of spurious Oxytocin. The court rejected the plea, finding no illegality in the summoning order, but directed that bail shall be considered expeditiously upon surrender.
Application for quashing medicines and sought direced the court
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Court No. - 75
Case :- APPLICATION U/S 482 No. - 48004 of 2019
Applicant :- Saudani Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 Cr.PC has been filed by the applicant with the prayer to quash the entire proceeding of Complaint Case crime no. 1404 of 2018, State Vs. Saudani Khan, under section 18(a)-I, 18(a)VI, 18(c), 18-A, 22(cca) read with section 16,17,17-A, 17-B of the Drugs and Cosmetics Act 1940, P.S. Hathras Gate, District Hathras pending in the court of C.J.M. Hathras.
As per the allegations made in the complaint, it is alleged that spurious injunction Oxytocin were illegally stored and sold by the applicant and as such the complaint under section 18(a)-I, 18(a)VI, 18(c), 18-A, 22(cca) read with section 16,17,17-A, 17-B of the Drugs and Cosmetics Act 1940 has been filed against the applicant and the applicant has been summoned vide order dated 15.3.2018. Pursuant to the said order the applicant did not appear before the court below and as such bailable warrant has been issued against him.
Learned counsel for the applicant has submitted that earlier an F.I.R. was lodged against the applicant in which the applicant is facing trial under section 419, 420/275, I.P.C. and section 18(c) and 27 of Drugs and Cosmetics Act 1940 and as such the present proceeding can not be drawn against him.
Per contra, learned AGA has submitted that apart from other section the applicant has also been summoned under section 18(a)-I, 18(a)VI, 18(c), 18-A, 22(cca) read with section 16,17,17-A, 17-B of the Drugs and Cosmetics Act 1940 as such the impugned order of summoning passed by the court below is just, proper and do not call for any interference by this court.
Having considered the rival submissions of both parties and taking into consideration that specific allegation of storing and selling spurious injunction Oxytocin has been alleged against the applicant for which he has been summoned under the aforesaid
section apart from other section as such, there is no illegality or infirmity in the impugned order as such prayer for quashing the entire proceeding is refused.
However, it is directed that if the applicant appears/surrenders before the court below and applies for bail, his prayer for bail shall be considered and decided as expeditiously as possible after giving opportunity of hearing to both the parties.
With the above observations, the present applicant filed under section 482 Cr.P.C. stands disposed of.
Order Date :- 3.1.2020 R
2 issues framed by the court
Whether the complaint case for illegally storing and selling spurious Oxytocin deserves to be quashed under Section 482 Cr.P.C.
Whether the summoning order against the applicant calling him to face trial is legal and proper.
2 provisions across 2 enactments
Saudani Khan
State of U.P.
Rajiv Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
