Chhatrapal Rathaur v. State of U.P. and Another

Court No. - 92 Case :- APPLICATION U/S 482 No. - 34116 of 2023 Applicant :- Chhatrapal Rathaur Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Harikesh Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.

¶1Heard Sri Harikesh, learned counsel for the applicant and Sri Prashant Saxena, learned A.G.A. for the State.

¶2The instant application has been filed seeking quashing of the impugned order dated 23-06-2023 as well as entire proceedings of Sessions Trial No. 388 of 2023 (State Vs. Chhatrapal Rathaur), under Sections 18C, 27/18-A, 28 of the Drugs and Cosmetics Act, P.S. Madhotanda, district Pilibhit, pending in the court of learned Additional Sessions Judge, Court No.1, Pilibhit.

¶3Learned counsel for the applicant submits that the allegation against the applicant is with regard to sale and purchase of the medicines without there being any license for the said purpose, however, the medicines which were seized have been found of the standard quality and no infirmity in the quality of medicines has been found but the only defect was that the applicant was not having the license.

¶4This Court has carefully perused the impugned order. The applicant has been found selling the medicines for which he has no license, therefore, the cognizance of the offence against the applicant under Sections18C, 27/18-A, 28 of the Drugs and Cosmetics Act has been taken. In the considered opinion of this Court, there is no infirmity in the impugned order. The instant application is devoid of merits and is accordingly dismissed. Order Date :- 30.10.2023 pks High Court of Judicature at Allahabad