- (1.) Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.
(2.) This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceeding of Complaint Case No. 1 of 2015 (M/s Orisan Pharma International and others Vs. State of U.P.), under Sections 18/27 of the Drug and Cosmetic Act, 1940, Police Station Akbarpur, District Kanpur Dehat, based upon summoning order dated 17.1.2015 passed by A.D.J.-II, Kanpur Nagar.
(3.) Submission of the learned counsel for the applicant is that on the query made by the Drug Inspector, applicant has made reply on 8.9.2014 and 13.10.2014 and also prayed for retesting of the sample. But it was denied. Complaint was filed against the provisions of Drug and Cosmetic Act and also violating the constitutional guarantee provided under Article 21 of the Constitution of India. It is mandatory for the competent authority to send the sample for retesting, if the request is made on behalf of the accused person. It was further argued that no offence as alleged against the applicant under Section 18/27 of the Drug and Cosmetic Act, 1940 are attracted in the present matter.;