Order Reserved : 26.7.2018 Order Delivered on 30.07.2018 Court No. - 44
Case :- APPLICATION U/S 482 No. - 21342 of 2018 Applicant :- M/S Good Kare Medico Pvt. Ltd. And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sameer Jain Counsel for Opposite Party :- G.A.,Jitendra Prasad Mishra
Hon'ble Rajeev Misra,J.
Heard Mr. Sameer Jain, learned counsel for the applicants, the learned A.G.A. for the State and Mr. Jitendra Prasad Mihsra who has put in appearance on behalf of the opposite party No. 2.
This application under section 482 Cr. P. C. has been filed challenging the summoning order dated 14.9.2017, passed by the C.J.M., Ghaziabad, in Complaint Case No. 25954 of 2015 (Union of India Versus M/s Good Kare Medico Pvt. Ltd. and others), under section 27 (b) (i), 27 (d) Drugs and Cosmetics Act, pending before the C.J.M., Ghaziabad as well as entire proceedings of the above mentioned complaint case.
Learned counsel for the applicants has invited the attention of the Court to the notification dated 05.08.20111 issued by the State Government in respect of the Courts designated as Special Court under the provisions of Section 36-AB of The Drugs and Cosmetics (Amendment) Act 2008 (Act no. 26 of 2008) to try the offences under the above mentioned Act. On the basis of the aforesaid notification, he submits that the C.J.M., Ghaziabad has no jurisdiction to try the complaint filed by the opposite party No. 2, which admittedly is under the provisions of section 27 (b) (i) and 27 (d) Drugs and Cosmetics Act.
Learned A.G.A. and Mr. Jitendra Prasad Mishra both were granted time to ascertain the aforesaid fact and accordingly the matter was posted after lunch. Learned A.G.A. has submitted that the notification dated 05.08.2011 is still in force.
In view of the aforesaid, the proceedings pending before the C.J.M., Ghaziabad by way of above mentioned complaint case are wholly without jurisdiction. Consequently, the same are quashed. In case, the opposite party so desires, the same may be presented before the appropriate Court, which according to the notification dated 05.08.2011 shall be the Additional District and Sessions Judge, Meerut. The copy of the Government notification dated 05.08.2011 relied upon by the learned counsel for the applicants is also placed on record.
With the aforesaid directions, the present application is allowed.
Order Date :- 30.7.2018 HSM