ORDER

1. Leave to appeal is granted.

2. The learned counsel appearing for the parties are heard finally on merits.

3. The respondents herein were prosecuted in Criminal Case No. 345 of 1999 in the Court of the Judicial Magistrate, First Class, Armoor (Andhra Pradesh) for alleged offences under Section 18(a)(vi), read with Sections 17-B(a), 18(b) and (c) punishable under Section 27(c) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as "the Act").

4. In exercise of the powers under Section 482 of the Code of Criminal Procedure by the impugned order dated 5-9-2001 the learned Single Judge of the High Court of Andhra Pradesh has quashed the criminal proceedings instituted against the respondents. Aggrieved by the impugned order of quashing of the criminal proceedings the State of Andhra Pradesh has preferred this appeal.

5. The learned counsel appearing for the State of Andhra Pradesh submits that the learned Single Judge of the High Court has misunderstood the provisions of the Act under which the prosecution was initiated by the State and erroneously relied on a Division Bench decision of the same High Court delivered on 9-11-1996 in Sri Venkata Raman (Medical Agencies) v. D