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2025 DAILYLAW 40434 (CAL)

PARTHA KUMAR BANDHAPADHYAY v. STATE OF WEST BENGAL AND ORS.

CRR/3828/2024 · 2025-02-17

Joymalya Bagchi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

17.02.2025. 14. Ct.No.28. as C.R.R. 3828 of 2024 In Re:- An application under Sections 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In the matter of : Partha Kumar Bandhapadhyay. …. Petitioner. 1. Petitioner has prayed for quashing of the impugned prosecution alleging contravention of Section 18(a)(i) and 18(b) punishable under Sections 27/28A of the Drug and Cosmetic Act. 2. On 28.04.2015 Drug Inspector held inspection at M/s. Jiban Deep, a licensed retail shop and drew statutory samples of tablets manufactured by M/s. Zee Laboratories Ltd. Test report of Government analyst showed the samples contained spurious drugs. 3. In response to notice M/s. Jiban Deep intimated drugs were purchased from M/s. Angel Remedies owned by the petitioner. 4. In response to notice, petitioner stated drugs were procured from M/s. Zee Laboratories Ltd. However, he did not dispute the test report of the Government analyst. 5. In light of the aforesaid facts, a prima facie case has been made out against the petitioner and impugned procecution does not call for interference. 6. Accordingly, the revision petition is dismissed. 2 7. It is open to the petitioner to agitate his defenses at the appropriate stage of the proceeding before the jurisdictional court. (Joymalya Bagchi, J.)