V.V. SAI Vs. STATE OF A.P.

JUDGEMENT

(1.) THIS is a petition fi1:"d by the petitioners, who are arrayed as A -3 and A -4. to quash the proceedings in C.C. No. 314 of 1997 on the file of Judicial I Class Magistrate (Mobile), Mahabubnagar, which was filed under Section 32 of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as 'the Act').

(2.) A complaint was filed against the petitioner herein and others viz., M/s. Vasavi Integrated Service Company (A -1); Sri O.S.S Prasad (A -2). which was registered as C.C. No. 314 of 1997. alleging as follows:

(3.) SRI J.V. Suryanarayana, learned senior Counsel, reiterated the grounds urged in the petition and further submitted that the complaint filed by the Drug Inspector is not maintainable as he is not a person notified in the Gazette to launch prosecution and that the alleged firm of A -1 got dissolved with effect from 31 -12 -1994 and by the time the analysis report dated 28 -2 -1995 is received, the petitioners are no more the partners of the said firm and as such the prosecution against the petitioners is not maintainable. In support of his contentions, Sri Suryanarayana relied on various judgments reported in State of Haryana v. Brij Lal Mittal1, Amery Pharmaceuticals v. State of Rajasthan2 State of Rajasthan v. Saryay Kumar3, M/s. Dueful Laboratory v. State of Rajasthan4 and Meenaz Moloobhay v. State of Maharashtra5.