Court No. - 49
Case :- APPLICATION U/S 482 No. - 9755 of 2018 Applicant :- Mohd. Wasim And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Kamlesh Shukla Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned AGA for the State as also perused the record.
The present application under Section 482 Cr.P.C. has been filed to quash the charge sheet no. 134/17 dated 23.09.2017 and the entire proceeding of Case No. 2257 of 2017, arising out of Case Crime No. 257 of 2017, under Sections 274, 275, 420 IPC and Section 18, 17B, 27 of Drugs and Cosmetic Act, 1940, Police Station Kotwali, District Allahabad, pending in the court of Chief Judicial Magistrate, Allahabad.
Learned counsel for the applicants submits that from a plain reading of the FIR, no offence as alleged is made out against the applicants. In this regard, it is seen that the clearly the allegation made against the applicants is of having made available two units of human blood for transfusion bearing a label of S.R.N.Hospital, Allahabad.
Upon an inquiry made by the said hospital authority, it is revealed that two units of blood had not been issued by the blood bank of the said hospital, but in fact it had been issued by the accused-applicants from Tilak Hospital.
It has thus been argued that in absence of any allegation of adulteration in the blood issued by the applicants, the offence alleged under Sections 274, 275 IPC are not made out against the applicants.
However, in view of the statutory definition of the manufacture under Section 2(f) of the Drugs and Cosmetic Act, 1940 read with Section 17 B (e) of that Act, it cannot be said that the blood that was issued by the applicants was not spurious. Also, the blood issued by the applicants, upon testing was found to be not of standard quality.
In view of the facts noted above, it cannot be said that no offence is made out against the applicants at this stage. The instant application lacks merit and is dismissed accordingly.
Order Date :- 27.3.2018 Lbm/-