Srinagar, December 9 — The High Court of Jammu and Kashmir has quashed criminal proceedings against an alleged drug peddler, ruling that statutory safeguards under the Drugs and Cosmetics Act were violated during the investigation. Justice Sindhu Sharma delivered the judgment, holding that the authorities failed to furnish the mandatory sample portion and report to the accused.
The case arose after the Assessing Authority at the Lakhanpur Commercial Taxes Check Post withheld a drug consignment on April 12, 2017. Subsequently, a complaint was filed alleging offences under the Drugs and Cosmetics Act, 1940. The Chief Judicial Magistrate had taken cognizance of the complaint on March 26, 2018, and issued process against the accused.
In its ruling, the High Court observed that the failure to comply with statutory requirements rendered the proceedings unsustainable. The Court emphasized that adherence to procedural safeguards is essential to ensure fairness and legality in criminal prosecutions.
With this order, the criminal proceedings against the pharmacist have been set aside. The judgment underscores the importance of following due process in cases involving drug consignments and regulatory enforcement.
