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2023 Supreme(AP) 613

K. SREENIVASA REDDY
Radico Remedies – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates appeared:
Palla Balu Anil Kumar, Advocate

JUDGMENT

K. Sreenivasa Reddy, J. - This Criminal Petition, under Section 482 Cr.P.C., is filed to quash the proceedings in C.C. No.3246 of 2019 on the file of the I Additional Chief Metropolitan Magistrate, Vijayawada. Petitioners herein are arrayed as A.1 and A.2 in the said case.

2. 2nd respondent herein filed a complaint before the learned Magistrate against A.1 and A.2 under Section 32 for violation of Section 18 (a) (i) punishable under Section 27 (d) of the Drugs and Cosmetics Act, 1940 (for short, "the Act, 1940?) and further A.2 failed to produce,/ non-disclosure of, information under Section 18B and 22(1) (cca) of the Act, 1940 and thus punishable under Section 28A and 22 (3) of the Act, 1940. The allegations, in brief, of the complaint are as follows. 2nd respondent/complainant is empowered to launch prosecution under Section 32 of the Act, 1940. A.1 firm, represented by its Managing Director A.2, is involved in manufacture and sale of 'Not of Standard Quality' drug viz. Bisacodyl Tablets IP 5 mg, B.No.BLS-013, Mfg 4/2017 Exp 3/2019. On 21.03.2018, 2nd respondent lifted sample of subject drug manufactured by A.1 issuing Form-17, 17-A for analysis/testing from Government Med

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