HC stays operation of FIR in spurious drugs

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High Court has stayed the process of investigation of FIR regarding t

Masrat shah

Srinagar, Dec 12: High Court has stayed the process of investigation of FIR regarding the quality content of drugs and clearing the same by the committee in order to confer huge benefits on the pharmaceutical companies.

The accusations in the FIR centers around that certain drug samples, which were supplied by different pharmaceutical companies including the petitioner-company, were compromised in terms of quality content and that the then Verification Board and Selection Committee comprising of the public servants, named as accused, had cleared the substandard drugs and medicines in order to confer huge pecuniary benefits upon the pharmaceutical companies.

Justice Rahul Bharti after hearing the senior counsel Syed Faisal Qadri said the case case for interim relief is made out and accordingly issued notice in the main petition as also in application, however the notice has been waived by the Sr. AAG on the behalf of the respondent.

She has sought and was allowed to file the response within two weeks to the main petition. “In the meantime, subject to objections and till next date of hearing, the operation of the impugned FIR bearing no. 15/2019 dated 03.07.2019 shall remain stayed”, Justice Bharti directed.

“Whether this mix up of complainant and investigator status is permissible in law is a question of law to be examined but be that as it may be, the fact remains, as is borne out from the averments in the petition, that without the alleged drugs having been first found and declared ‘sub-standard and spurious’ under the provisions of the Drugs and Cosmetics Act 1940, the Police Station, Anti-Corruption Bureau, Jammu registering the FIR on the premise of the very said drugs being ‘sub-standard’ is nothing but putting the cart before the house”, Justice Bharti questioned.

The petitioner-company is an accused along with seven others in FIR No. 15 of 2019 dated 03.07.2019 registered by the Police Station, Anti-Corruption Bureau, Jammu for alleged commission of offences under Section 5(1) (d) read with 5(2) of the Jammu and Kashmir Prevention of Corruption Act, Svt 2006 read with Section 120- B of the Ranbir Penal Code.

Court after perusal of the contents of the FIR said it reflect that there is no reference worth name about any statutory exercise having been first undertaken under the provisions of the Drugs and Cosmetics Act, 1940 with respect to the drug samples which are alleged to be sub-standard but cleared by the Verification Board/ Selection Committee of the public servants of the relevant time, as such the registration of the FIR is ex facie debatable.

The respondent in terms of the impugned FIR has registered a case which is being investigated on part of the said respondent under the provisions of Jammu and Kashmir Prevention of Corruption Act alongwith Ranbir Penal Code.

 

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