TUMU VENKATESWARA REDDY Vs. STATE OF A P

JUDGEMENT

(1.) This criminal petition is filed by the accused Nos.3, 4 and 6 under Section 482 of the Code of Criminal Procedure for quashing proceedings in C.C.No.270 of 2004 on the file of IX Metropolitan Magistrate, Bheemunipatnam, Visakhapatnam District relating to the offence punishable under Section 27(d) of the Drugs and Cosmetics Act, 1940 for contravention of Section 18(a)(i) read with Section 16 of the said Act.

(2.) Drugs Inspector, Anakapalle collected sample of CLOXEM KID Tablets with batch No. CMK 001, manufacturing date 11/2000, expiry date 10/2002, manufactured by M/s. Relieance Remedies (A-1), on 17.12.2001 from M/s. Sai Rajendra Medical Agencies, Tagarapuvalasa and sent the same to the Government Analyst, Drugs Control Laboratory, Hyderabad for analysis. After analysis, the Government Analyst sent report opining that the drug was not of standard quality as it does not conform the Assay for Cloxacillin as per the labelled claim i.e., the tablet contained only 60% of the drug. Thereupon, after following procedure, the Drugs Inspector filed complaint in the lower court against A-1, its Managing Parmer A-2 and partners A-3 to A-6. Questioning the same, A-3, A-4 and A-6 approached this Court by way of this petition.

(3.) It is contended by the petitioners' counsel that the petitioners viz., A-3, A-4 and A-6 are only partners and were not in- charge of day-to-day business or affairs of A-1 firm and it was only A-2 who was in- charge of affairs of the firm and the manufacturing process and that therefore prosecuting the petitioners is not in accordance with law. On the other hand, it is contended by the Public Prosecutor that all the partners are entitled to participate in running business of the firm and that therefore all of them are liable including A-2 who is managing partner.