ORDER :

The petitioners are before this Court calling in question entire proceedings in Criminal Miscellaneous No.01 of 2018 which later become C.C.No.39 of 2018 registered for an offence punishable under Section 27(d) of the Drugs and Cosmetics Act, 1940 (‘the Act’ for short).

2. Shorn of unnecessary details, facts in brief that are germane for consideration of the issue in the lis, are as follows :

The 1st petitioner is M/s Emcure Pharmaceuticals Limited, a drug manufacturing company engaged in the manufacture and sale of drugs (hereinafter referred to as ‘the Company’ for short). Petitioner Nos. 2 and 3 who are accused Nos.2 ad 3 are the Managing Director and Director respectively of the said Company. The petitioners are in C.C.No.39 of 2018. The facts that led to the registration of crime are that on 5-01-2012, the Drugs Inspector, Bangalore visits M/s Tulasi Pharma and takes a legal sample of the drug manufactured by the Company, prepares Form No. 17, issues it to the proprietor of M/s Tulasi Pharma and sends the sample so collected for test/analysis under the acknowledgment of the proprietor as required under Section 23 of the Act. On 6.01.2012, the sealed portion of the drug re