RITESH Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THESE petitions are disposed off by a common order since the respondent/complainant has filed complaint under Section 200 Cr.P.C, 1973 against the respondents before the Jurisdictional Court to take cognizance of offence alleged against the respondents and on such complaint being filed, Trial Court having taken cognizance and issuing summons to the petitioners, they are before this court urging common and identical grounds in all these petitions. Respondent herein i.e., Drug Inspector lodged a complaint under Section 200 Cr.P.C against nine accused persons out of whom five i.e., A -2 to A -6 are the present petitioners, alleging that accused persons have committed offence punishable under Sections 18 (a) (i) and 27 (d) of Drugs and Cosmetics Act, 1940 and to take cognizance of same.

(2.) GIST of the complaint is: A -1, M/s Bright Drug Industry Limited is manufacturing drugs after obtaining necessary license in this regard and Assistant Drugs Controller and Drug Inspector visited the first accused industry and took legal samples of the drugs manufactured by A -1 company and on testing, it was found that drugs which were manufactured by A -1 were of sub -standard quality and after obtaining the test report and same was forwarded to A -1 factory calling upon it to furnish the details of persons in -charge of the industry for day to day affairs and responsible for the manufacturing of drugs and no reply was received Thereafter complaint was lodged against the company, its Directors, manufacturing chemists and analytical chemists alleging accused persons have committed offence punishable under Sections 18(a) (i) and 27(d) of the Drugs and Cosmetics Act 1940(hereinafter referred to as 'Act' for the sake of brevity).

(3.) IN support of their submission they would rely upon the foUowingjudgments. (i) State of Nct of Delhi v. Rajiv Khurana 2011 (1) SCC (Crimes) 195. (ii) Pepsico India Holdings (P) Ltd., v. Food Inspector And Another Crl. A. 836/2010. (iii) Drugs Inspector, Palace Road, Bangalore v. Dr. B.K. Krishnaiah And Another, 1981(2) SC 454. (iv) State of Haryana Vs. Brij Lal Mittal and Ors., AIR 1998 SC 2327 . (v) Sanjay G Revankar v. State By Drugs Inspector, Uttar Kannada District, Karwark, ILR 2002 Kar 475 (vi) Order dated 12.04.2011 passed in CrlP. 7128 C/w 7129/2010 by Co -ordinate Bench of this Court (vii) Order dated 02.06.2011 passed in Crl.P. 7262/2010 and 7427/2010 by Co -ordinate Bench of this Court