VISHWANATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.2 is before this Court under Sec. 482 of Cr.P.C. read with Sec. 528 of BNSS, 2023, with a prayer to quash the entire proceedings in CC No.369/2023 pending before the Court of Civil Judge and JMFC, at Laxmeshwar, Gadag District, arising out of PCR No.25/2023, registered for the offences punishable under Sec. 18(a)(vi) and Sec. 27(d) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as 'the Act of 1940'for short).

(2.) Heard the learned counsel for the parties.

(3.) Facts leading to filing of this petition narrated briefly are, the Assistant Drugs Controller, Gadag Circle had filed a private complaint in PCR No.25/2023 before the Court of Civil Judge at JMFC, Laxmeshwar against accused No.1/Dr.S.C.Nekar @ Sri. Siddappa Channabasappa Nekar and the petitioner herein. The allegation in the complaint is that accused No.1, who was not a registered medical practitioner as provided under the Drugs and Cosmetics Rules, 1945, was running a clinic in the name 'Sanjeevani Clinic', at Laxmeshwar in Gadag District and though he did not possess any drug licence to sell the stock or exhibit any drug, he was purchasing allopathy drugs from accused No.2 and was dispensing the same to the patients, who came to his clinic. Accused No.2, who is the proprietor of M/s. Kadli Pharma situated at Ashwini Nagar in Haveri Town, is a holder of Form 20B and Form 21B license issued by the Assistant Drugs Controller, Haveri Circle. As per condition 3(ii) found in Form 20B license and condition 4(ii) found in Form 21B license, no sale of any drug shall be made to a person not holding the requisite license to sell, stock or exhibit for sale or distribute the drug. The allegation against accused No.2 is that in violation of his license conditions, he had supplied allopathic drugs to accused No.1 and therefore, he was liable to be prosecuted for the aforesaid offences. The learned Magistrate after taking cognizance of the alleged offences against accused Nos.1 and 2, had issued summons to them. Being aggrieved by the same, accused No.2 is before this Court.