IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26622 of 2008 SURENDRA PRASAD, son of Late4 Bishwanath Prasad, resident of Kamla Niwas, Govind Mitra, Road, PS Pirbahore, district Patna – petitioner. Versus STATE OF BIHAR ----------- 4 7.1.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 3.5.2008 passed by the Judicial Magistrate, Ist Class, Patna in Pirbahore PS Case No. 192/2003 by which the petition for discharge has been rejected on the ground that prima facie case is made out against him under section 27B of the Drugs & Cosmetics Act. The petitioner is a licensee to sale drugs and cosmetics. In course of business it is submitted that the petitioner had stored some of the medicines in the premises on which he had his drugs stored. The medicines were stored on mezzanine floor of the house where the petitioner’s shop existed. The allegation is that the petitioner could not have stored the medicines on mezzanine floor as that portion was not included in his licence. Subsequently the licence of the petitioner was amended and the petitioner was granted permission to utilize the mezzanine floor for the purpose of his business. It is not the case of the prosecution that the petitioner has stored spurious drugs or that he has no licence or that he was in any other way performing any other illegal activity with respect to conduct of his business. In the circumstances when the petitioner has got his 2 licence amended and got permission to utilize the mezzanine floor for storing medicines, it would be waste of court’s time if the prosecution is allowed to continue. In the present case the facts disclose that the medicines have been validly purchased and, therefore, there is no substantial offence made out against the petitioner. In the case of this nature, where the offence is of a technical nature, which technical defect has been cured by a subsequent act, it does not warrant the continuance of a criminal case. In any case the petitioner has been sufficiently punished as he had to pursue this case since 2003 in different Courts. In view of the facts aforesaid, the impugned order, dated 3.5.2008 is hereby quashed. In the result, this application is allowed. haque (Sheema Ali Khan, J.)