PARTHA KUMAR BANDHAPADHYAY v. STATE OF WEST BENGAL AND ORS.
CRR/3828/2024 · 2025-02-17
Joymalya Bagchi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40434 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40434 (CAL) · dailylaw.ai ]
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.
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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.)