ADITYA MEDISALES LTD. Vs. STATE OF KERALA

JUDGEMENT

(1.) By this two applications, the four petitioners seek quashing of their criminal prosecution for alleged violation of the Drug Price Control Order, 1995 issued under Sec. 3 of the Essential Commodities Act, which is punishable under Sec. 7 of the said Act.

(2.) I have heard the learned counsel for the petitioner and the learned Public Prosecutor for the State.

(3.) Petitioners 2 and 3 are the Directors of the first petitioner Public Limited Company and they reside at Bombay. The fourth petitioner is their Manager at Kochi where the Company aforesaid has C & F Agency inter alia in respect of a drug manufacturer, M/s. Sun Pharmaceutical Industries Limited. In the complaint, as lodged by the Drug Inspector, Special Intelligence Branch, Thiruvananthapuram, it is alleged that he had received a complaint from one T.C. Antony, Managing Partner of Drug House, Thrissur alleging that he was one of the dealers who was dealing in medicines manufactured by M/s. Sun Pharmaceuticals. Accordingly, he used to place indent for different types of drugs to the first petitioner at Kochi, but from invoices produced, it appeared that the accused persons did not supply the drugs. Accordingly, it is alleged that even though drugs were available in the stock, there was refusal to sell the drugs. Hence it is in contravention of Clause 18 of the Control Order aforesaid.