- (1.) This application under Section 482 Cr.P.C. has been filed for quashing the order dated 31.3.2011 passed by Additional Sessions Judge, Court No. 12, Agra in S.T. No. 230 of 2011, under Sections 419, 420, 274, 275, 276 I.P.C. and 18/27 Drugs and Cosmetics Act, P.S. Kotwali Agra, District Agra. Earlier to the filing of the aforesaid 482 Cr.P.C. Application, the applicants also filed the revision against the judgment and order dated 6.1.2011 passed by Special C.J.M., Agra in Criminal Case No. 825 of 2010 arising out of Case Crime No. 80 of 2010 (State Vs. Sumit Mittal and another), under Sections 274, 275, 276, 419, 420 I.P.C. and 18/27 Drugs and Cosmetics Act, P.S. Kotwali, District Agra.
(2.) The brief facts of the case are that on 18.3.2009, the opposite party no. 2 Jagvir Singh posted as Drug Inspector along with Assistant Drug Controller jointly inspected the shop of the applicant no. 1 Amit Mittal and during inspection the licensee of the shop Amit Mittal was not present and his brother applicant no. 2 Sumit Mittal was found sitting in the shop and selling the medicine. The applicant no. 2 Sumit Mittal could not produce the sale / purchase records of the drugs. The sample were collected for chemical analysis. During inspection, the applicant no. 2 signed all the documents. As per report of the public analysis, the sample was found spurious as does not confirm to I.P. in respect of identification, in pursuance of the aforesaid report a complaint against the applicants were instituted in the Court of C.J.M., Agra on 11.3.2010 under Section 18/27 Drug and Cosmetics Act, 1940 and Rules 1945. The applicant no. 1, on 23.6.2009 had given a detail application before the Drug Inspector, Agra in which he had stated that he had purchased the said medicine from Bhavna Medicos situated at B-25 Preet Vihar, Meerut. The other sample which had been sent for examination was found to be sub-standard and as per report of the public analysis dated 30th June, 2009, it was reported that "the same does not confirm in respect of I.P. ASSAY." The applicants were summoned on 11.3.2010 in Complaint Case No. 313 of 2010 lodged by opposite party no. 2 under Section 18/27 Drug and Cosmetics Acts and in which they have got themselves bailed out and the applicants are facing trial in the said case.
(3.) In the meantime, on similar allegations a first information report was also lodged against the applicants on 6.6.2010 which was registered as Case Crime No. 80 of 2010, under Sections 419, 420, 274, 275, 276 I.P.C. and 18/27 Drug and Cosmetics Act. The Investigating Officer recorded the statement of the informant / complainant under Section 161 Cr.P.C. and other witnesses including the Assistant Drug Controller and thereafter, on the basis of evidence collected during the course of investigation submitted charge sheet against the applicants under Sections 419, 420, 274, 275, 276 I.P.C. and 18/27 Drug and Cosmetics Act, P.S. Kotwali, District Agra. Thereafter, charges were framed against the applicants for the aforesaid offence on 31.3.2011 by the Additional Sessions Judge, Court No. 12, Agra. The statement of P.W. 1 has been examined till date and as examination in chief has been recorded and the evidence of the said witnesses has not been concluded as yet.;