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2022 Supreme(SC) 1263

KRISHNA MURARI, S. RAVINDRA BHAT
Hasmukhlal D. Vora – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates appeared:
For the Petitioner(s): Mr. K. Ramakanth Reddy, Sr. Adv. Mr. T.D. Selvan Babu, Adv. Mr. M.S. Rajendran, Adv. Mr. K. Krishna Kumar, AOR Mr. Preetam Shah, Adv.
For the Respondent(s): Mr. V. Krishnamurthy, Sr. Adv./AAG Dr. Joseph Aristotle S., AoR. Ms. Nupur Sharma, Adv. Mr. Shobhit Dwivedi, Adv. Mr. Sanjeev Kr. Mahara, Adv. Ms. Vaidehi Rastogi, Adv. Ms. Richa Vishwakarma, Adv.

JUDGMENT :

KRISHNA MURARI, J.

1. Leave Granted.

2. The present appeal is directed against the final order dated 23.08.2021 passed by the High Court of Madras (hereinafter referred to as “High Court”) in Criminal O.P. No. 6445 of 2018, where the Appellants' plea under Section 482 of the Cr.P.C. to quash the criminal complaint against them was dismissed.

3. Briefly, the facts relevant for the purpose of this Appeal are as follows:

    (I) Appellant No. 1 is the proprietor of an established company under the name of M/s. Chem Pharm, a trader of raw material chemicals used in food, food supplements, medicinal preparations etc. Appellant No. 2 is the son and employee of Appellant No. 1.

    (II) During the course of their business, the Appellants purchased 75 Kg of pyridoxal-5-phosphate (as 3 x 25 Kg packs) from one M/s Antoine and Becouerel Organic Chemical Co. vide invoice dated 19.03.2013.

    (III) On 19.11.2013, the then Drug Inspector, Kodambakkam Range, inspected the Appellants’ premises and alleged contravention of S.18(c) of the Drugs and Cosmetics Act 1940 read with Rule 65(5)(1)(b) of the Drugs and Cosmetics Rules 1945. It was claimed that the Appellants broke up the bulk quantity of pyridoxa


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