Court No. - 6 Case :- CRIMINAL REVISION No. - 1390 of 2010 Petitioner :- Anil Kumar Sachan Respondent :- State Of U.P. & Another Petitioner Counsel :- Anoop Trivedi Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Notice on behalf of respondent no. 1 has been accepted by learned AGA who
prays for and is allowed four weeks time to file counter affidavit.
Issue notice to opposite party no. 2, who may also file counter affidavit within
the same period. Rejoinder affidavit may be filed within two weeks thereafter.
List after six weeks.
The submission is that the revisionist cannot be prosecuted under the
provisions of Drugs and Cosmetics Act, 1940 without the previous sanction of
competent authority and in the present case, the Drug Inspector has launched
the prosecution against the revisionist without obtaining prior sanction from
the competent authority.
Considering the submissions made and the facts stated, the applicant is
entitled to interim protection.
Till the next date of listing, the effect and operation of impugned orders dated
22.8.2009 and 23.2.2010 passed by C.J.M., Kanpur Nagar in case no.
20149/2009 arising out of case crime no. 356/2009, under Sections 274, 275,
419, 420 I.P.C. and 18 and 27 of Drugs and Cosmetics Act, 1940 shall remain
stayed only against the revisionist.
Order Date :- 14.6.2010
AKG/-