Law: Criminal Procedure Code (V of 1898)

Section: 561

Law: Drugs Act, 1940

Section: 18 (a), 27

(a) Criminal Procedure Code (V of 1898), S. 561-A-Quash ment-Respectability of accused or bias in complainant-No ground for quashment of proceedings-Drugs Act (XXIII of 1940) p S. 18 (a) (i) read with S. 27. (b) Criminal Procedure Code (V of 1898), S. 561-A--Quashment-Proceedings at very initial stage-No evidence yet recorded ---Quashment at such stage, held, would amount to stifling of prosecu tion-Petition for quashment of proceedings dismissed. Date of hearing : 28th February 1972.                                                                                                                                            JUDGMENT This is an application under section 561-A, Cr. P. C. filed by one Abdul Hamid praying for quashment of proceedings instituted against him by Inspector of Drugs, Hyderabad in the Court of Second Additional City Magistrate, Hyderabad. Mr. Fazal-e- Ghani has appeared for the petitioner and Mr. Nooruddin Jatoi for the State. Since the petitioner had impleaded Mr. Ghulam Kadir Memon, Inspector of Drugs, Hyderabad as respondent in the petition, he has also appeared in person. 2. Briefly stated, the facts of the case, are that petitioner Abdul Hamid is a partner of "Common Wealth Chemical Company" carrying on business at Lahore. Mr. Ghulam Kadir Memon obtained samples of a drug known as Tr. Cardmon from the shop of one Mohammad Ramzan Shaikh. The said Mohammad Ramzan produced a warranty signed on behalf of the firm of the petitioner. On the basis of this warranty Mr. Ghulam Kadir Memon filed a complaint against the petitioner under section 18 (a) (1) read with section 27 of the Drugs Act,…