SANKARANKUTTY R. KRISNA BHAVAN Vs. STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM AND ANOTHER

JUDGEMENT

(1.) This revision petition is preferred by the accused in CMP No. 7723 of 2014 in C.P.No.8 of 2013 of the Judicial First Class Magistrate, Chengannur. The above case was filed by the Drug Inspector (Intelligence Branch) office, Assistant Drug Controller, Ernakulam against the accused under section 32 of the Drugs and Cosmetics Act 1940 and also under Section 18 (a)(i) read with Section 27(c) of the Act. The allegation is that the accused used six vials of injection Meronem I V, Batch No.ER 249 stocked for sale in the pharmacy of Century Hospital, Mulakkuzha in Alleppey District. During the pendency of the case, accused filed the above petition which was dismissed by the learned Magistrate.

(2.) Learned counsel for the revision petitioner submitted that government issued a fresh order No.60013/L2/2015/Home dated 30.11.2015 stating that they have no objection for withdrawing the case C.P.8 of 2013 of Judicial First Class Magistrate, Chengannur under Section 321 Cr.P.C. with leave of the court, corresponding to the complaint filed by the Drugs Inspector (IB), Ernakulam. Hence the learned counsel seeks permission to withdraw the revision petition. Learned Public Prosecutor has no objection.

(3.) Considering the submission made by the learned counsel, I am of the view that the revision petitioner can approach the learned Magistrate with a fresh application in the light of new government order. Hence this revision petition is dismissed as withdrawn.