- (1.) Heard learned counsel for the applicant and the learned A.G.A.
(2.) This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 28.11.2014 passed by Special Judge, Drugs Act/Additional District and Sessions Judge, IX, Agra and entire criminal proceedings in S.S.T. No. 17 of 2014 (State Versus Murari Lal Goyal, under Sections 18(a)4(1)/27, 18/27a Drugs and Cosmetics Act 1940, Police Station Sikandara, District Agra.
(3.) From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, 1960 AIR(SC) 866, State of Haryana Vs. Bhajan Lal, 1992 SCC(Cri) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC(Cri) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, 2005 SCC(Cri) 283. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239 or 227/228, or 245 Cr.P.C. as the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court.;