Navdeep Dhingra vs Union Territory Through Drug on 30 March, 2026

Jammu & Kashmir High Court – Srinagar Bench

Navdeep Dhingra vs Union Territory Through Drug on 30 March, 2026

                                                 S. No.163
                                                 Regular List
 HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                AT SRINAGAR
                           CRM(M)/142/2026
                            CrlM/336/2026
NAVDEEP DHINGRA                                          Petitioner(s)...

Through: Mr. Varut Kr. Gupta, Advocate.

                        Vs.
UNION   TERRITORY    THROUGH     DRUG                  ...Respondent(s)
INSPECTOR KHAG / MAGAM / BERRWAH
Through:

CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI JUDGE
                                ORDER

30.03.2026

1. By reference to pronouncement of judgment of this Court in the

SPONSORED

case of “Mohd. Iqbal Mir versus State of Jammu &

Kashmir” in CRMC No. 329/2017 decided on 8th April 2022,

on the point of maintainability of a criminal complaint under

Drugs and Cosmetics Act, 1940 before a Judicial Magistrate

instead of before a Court of Sessions, the petitioner-Navdeep

Dhingra, the purported proprietor and license holder of License

Oscar Remedies Johron, Himachal Pradesh, has come forth with

a challenge to the institution of a criminal complaint by the

Drug Inspector Budgam, before the Court of Chief Judicial

Magistrate, Budgam on file No. 578/2018 which came to be

taken cognizance, instead of being referred to the Court of

Sessions, Budgam, by the Chief Judicial Magistrate, Budgam

in terms of order dated 29th October 2018.

2. The petitioner is invoking the inherent powers of this Court as

reserved under Section 561-A of the Jammu and Kashmir Code

of Criminal Procedure Samvat 1989, read with Section 482 of

Code of Criminal Procedure, 1973 and now under Section 528

of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023.

3. Issue notice to the respondent-Drug Inspector, Budgam.

4. Mr. Hakim Aman Ali, learned Deputy Advocate General,

accepts notice on behalf of the respondent.

5. Send for the scanned record of the criminal complaint on file

No. 578/2018, titled “State through Drugs Inspector Office

Budgam versus Managing Director Oscar Remedies, Johron

and others” from the Court of Chief Judicial Magistrate, CJM

Budgam.

6. In the meantime, further proceedings in the case shall remain

stayed. This direction is subject to objections from other side.

7. Register Judicial, Srinagar to requisition the scanned record of

the criminal complaint on file No. 578/2018 titled “State

through Drug Inspector Office Budgam v/s Managing

Director, Oscar Remedies, Johron and others” from the

Court of Chief Judicial Magistrate, CJM Budgam.

8. List on 04.05.2026.

(RAHUL BHARTI)
JUDGE
SRINAGAR
30.03.2026
Hilal