The petitioners herein are the accused in prosecution filed by the respondent against them under Section 27 (d) of the Drugs and Cosmetics Act, 1940 read with Section 18-A (1) of the said Act. The said case was instituted by the Director in-charge of Drug Control Administration, Government of Andhra Pradesh, who was the controlling authority at that time. One Sri G.S.R.C.V. Prasad, was incumbent at that time.

2. It was further averred by the petitioners that the appointment of Mr. Prasad was illegal, and therefore his appointment was questioned in this Court by filing a Writ Petition No. 14777 of 1989. The said writ petition was allowed by this Court and the appointment of Mr. Prasad was held to be illegal and void. All his acts and deeds, done in the capacity of Director in-charge of Drug Control Administration were quashed under Rule 50 of the Drugs and Cosmetics Rules 1945.

3. With this background, the petitioners contended that while they were prosecuted, the sanction was given by Mr. Prasad, and therefore the prosecution against them is illegal and void. For these reasons, the petitioners had filed Crl.M.P.No. 1332 of 1991 in the Court of the Judicial First Class Magistrate