Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 7343 (UTT)

KHALID HUSSAIN v. STATE OF UTTARAKHAND

WPCRL/1173/2021 · 2025-02-11

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:712 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL No.1173 of 2021 Hon’ble Manoj Kumar Tiwari, J. Mr. Siddhartha Sah, Advocate for the petitioner. Mr. K.S. Bora, Deputy Advocate General and Mr. J.P. Kandpal, Brief Holder for the State of Uttarakhand. 2. By means of this writ petition filed in the year 2021, petitioner has sought the following relief: “(i) issue a writ, order or direction in the nature of mandamus commanding the respondent Nos.2 & 3 to hand over possession of the health supplement factory of the petitioner situated at Khasra No.25ka, Village Lakeshwani, Pargana & Tehsil Bhagwanpur, District Haridwar and open of the seal placed on the machinery by the police team of Police Station Bhagwanpur District Haridwar on 14/4/2021.” 3. Learned State Counsel submits that the writ petition is thoroughly misconceived; an F.I.R. was lodged against the petitioner under Sections 419, 420, 307 I.P.C. and Sections 17, 17(a), 17(b), 18A, 27 & 28 of Drugs & Cosmetics Act, 1940, as petitioner was unauthorizedly running a factory for manufacturing drugs and food supplements, without having license from the competent authority; upon investigation, a charge sheet has been filed against the petitioner and, therefore, the prayer made by petitioner for opening the factory cannot be granted, while the criminal trial is proceeding against the petitioner. 4. I find substance in the submission made by learned State Counsel. Since 2025:UHC:712 there is allegation that the factory was running without valid license from the competent authority, therefore, no direction can be issued to re-open the factory while criminal trial is pending. Thus, there is no scope for interference in the matter. 5. Accordingly, the writ petition is dismissed. However, this order will not preclude the petitioner from raising contentions before the appropriate forum for the relief sought. (Manoj Kumar Tiwari, J.) 11.02.2025 Arpan