IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.41295 OF 2008 SHIVENDRA KUMAR, SON OF LATE BACHCHU BIHARI PRASAD, RESIDENT OF ROAD NO. 5, NORTH JAI PRAKASH NAGAR, POLICE STATION DIGHA, DISTRICT PATNA VERSUS THE STATE OF BIHAR ******* 3 01/08/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed challenging the order dated 17.07.2008 passed in Pirbahore Police Station Case No. 302 of 2005 (G.R. No. 5000 of 2005) by which the Judicial Magistrate, 1st Class, Patna has refused to discharge the petitioner for the offences alleged to have been committed under Sections 420, 468 & 471 of the Indian Penal Code and Sections 78 and 79 of the Trade & Merchandise Marks Act, 1958. Learned Counsel for the petitioner submits that charges have not been framed in this case. It is submitted that the Court below ought to have considered that the report of the tests are issued by the Bihar Drugs Control Laboratory, Government of India in Form 30, which indicates that the tablets which were seized contain the required contents and quantity of the ingredients as prescribed for the manufacture of such drugs. The report specifically states that the drugs confirms to the rules laid down under the provisions of 2 the Drugs and Cosmetics Act and rules therein. This report is dated 17.01.2006. Accordingly, the impugned order is quashed and the matter is remanded back to the Judicial Magistrate, 1st Class, Patna to peruse this report, if any, and pass a fresh order in accordance with law within a period of two months from the date of receipt/production of a copy of this order. It is pointed out that if the drugs confirms to the rules prescribed then no offence would be made out under the provisions of the Trade and Merchandise Marks Act, 1958. Obviously, Section 420, 468 and 471 of the Indian Penal Code would also not be applicable, if no offence is made out under Sections 78 and 79 of the Trade and Merchandise Marks Act, 1958. This order is passed subject to the fact that the trial of the case has not commenced. Learned Counsel for the petitioner is directed to produce a copy of this order before the Court below within a period of one month from today, failing which this application shall stand dismissed. This application is allowed to the extent indicated aforesaid. Anand ( Sheema Ali Khan, J.)