2022 (3) TMI 1648

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....os. 1 and 2-State : Mr. S. G. Bhobe, Public Prosecutor. ORAL ORDER 1. By this Petition, the Petitioners have challenged Order dated 20.09.2021, passed by the Court of Additional Sessions Judge, Panaji, (herein after referred to as the Sessions Court), whereby cognizance has been taken and summons have been issued against the Petitioners under Section 27 of the Drugs and Cosmetics Act, 1940. 2.....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....upported the aforesaid two grounds raised in the present Petition to challenge the impugned Order, by relying upon the Judgments of the Hon'ble Supreme Court in the case of Vijay Dhanuka Etc vs Najima Mamtaj Etc [2014(14) SCC 638] and Mehmood Ul Rehman vs. Khazir Mohammad Tunda & Ors. [(2015) 12 SCC 420] 5. Mr. S. G. Bhobe, learned Public Prosecutor appearing for the Respondent nos. 1 and 2, ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....titioners, despite the fact that, admittedly, the Petitioners are residents of a place beyond the jurisdiction of the concerned Court. 7. In the case of Mehmood Ul Rehman vs. Khazir Mohammad Tunda & Ors. (supra), the Supreme Court has reiterated the position of law that while taking cognizance of a complaint and issuing summons/process, the concerned Court is not to do so as a matter of course an....