Point of Law : As per Section 19 of the D.C. Act, the manufacturer can take the plea in respect of the test analysis.

ORDER :

Crl.P.No.9046/2016 is filed by petitioners-accused Nos.2 to 9 under Section 482 of Cr.P.C for quashing the criminal proceedings in C.C.No.202/2016 pending on the file of the Principal Civil Judge and JMFC, Mandya for the offence punishable under Sections 26-A punishable under Section 28-B of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as 'D.C. Act').

2. Crl.P.No.2923/2016 is filed by the petitioners-accused Nos.4 to 11 under Section 482 of Cr.P.C. for quashing the criminal proceedings in C.C.No.1821/2015 pending on the file of Principal Civil Judge and JMFC, Mandya for the above said offences.

3. Crl.P.No.9047/2016 is filed by the petitioners-accused Nos.1 to 8 under Section 482 of Cr.P.C. for quashing the criminal proceedings in C.C.No.1459/2015 pending on the file of the Additional Civil Judge and JMFC, Madhugiri, Tumkur for the above said offences.

4. Crl.P.No.9048/2016 is filed by the petitioners-accused Nos.1 to 8 under Section 482 of Cr.P.C. for quashing the criminal proceedings in C.C.No.1197/2015 pending on the file of Principal Civil Judge and JMFC, Tiptur, Tumkur District for the similar offences.

5. Heard the arguments of Sri Desu Reddy.G, learned counsel for the petitioners and learned High Court Government Pleader for the respondent-State in all the cases.

6. The case of the prosecution in Crl.P.No.9046/2016 is that the respondent-complainant who is the Drugs Inspector appointed under Section 21 of the D.C. Act who has been posted as Assistant Drugs Controller-2, Tumkur Circle has filed a complaint under Section 200 of Cr.P.C. read with Section 26-A of the D.C. Act alleging that the petitioners are said to be the Manufacturers as well as Distributors of the drugs. That on 25.11.2010, the then Assistant Drugs Controller, Mandya Circle, Mandya have investigated the matter at M/s. Green Pharma, Shop No.3, 1st Floor, Vinobha Nagar, Subashnagar, Mandya and found the stock Quantity of 25x100ml of prohibited drug VENTASOL-AX Expectorant 100ml manufactured by accused No.9-M/s.Surien Pharmaceuticals at Puducherry and accused No.1 is said to be the Proprietor-cum-Competent person of M/s.Green Pharma, Mandya to dispose the stocks and further prohibited periodically for a period of every 20 days, till the date of seizure. Subsequently, during the investigation, CW.2 received a letter from accused No.1 who is a Proprietor-cum-Competent person of M/s.Green Pharma, Mandya along with the sales distribution details of prohibited drug. In the said letter, accused No.1 has informed that they had purchased the said prohibited drug from accused No.2-M/s.Intra Life at Bengaluru. On 30.11.2010, they had also received a letter from accused No.1-Jayaramu, the Proprietor-cum-Competent person of M/s.Green Pharma, Mandya. In the said letter, accused No.1 has informed about the non-availability of the said prohibited drug to whom they are supplied. Subsequently, on 09.02.2011, CW.2 drawn a legal sample of VENTASOLAX and sent to chemical lab and they found that the said fixed dose combination being prohibited for Manufacture, Sale and Distribution under the Notification No. GSR 578 (E), dated 23.07.1983 which was further substituted vide G.S.R 290(E) dated 16.04.2008. Accordingly, the complaint came to be lodged on 29.04.2015 and the trial Court by condoning the delay under Section 473 of Cr.P.C. read with Section 5 of the Limitation Act, took cognizance against the accused persons and issued summons which is under challenge.

7. In Crl.P.No.2923/2016 a similar complaint came to be filed by the Drugs and Cosmetics Department on 18.03.2015 before the Principal Civil Judge and JMFC, Mandya against eight accused persons for having found selling the prohibited drugs as per the Notification stated above by the Central Government and after drawing samples which was subjected to chemical analysis had filed a complaint, the trial Court took cognizance of the offences and issued summons by allowing the application and condoned the delay