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2022 Supreme(Kar) 837

M. G. UMA
Snapdeal Private Limited – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
Sri: C.V. Nagesh, Senior Counsel for, Sri:S.S. Poovayya, Advocate, for the Appellant; Sri:Praveen Uppar, HCGP, for the Respondent.

ORDER

1. The petitioner in Criminal Petition No.102191 of 2021 being accused No.1 and the petitioners in Criminal Petition No.102201 of 2021 being accused Nos.2 and 3 are before this Court seeking to quash the criminal proceedings initiated against them and pending in C.C.No.6652 of 2021 on the file of I Additional Civil Judge and JMFC Court at Hubballi, for the offences under Section 18(c) which is punishable under Section 27(b)(ii) and 28 of the Drugs and Cosmetics Act, 1940 (for short 'the Act').

2. The brief facts of the case as stated by the complainant-respondent is that, accused No.1 - Snapdeal is an online site owned and operated as a Company having its registered office at New Delhi, represented by accused Nos.2 and 3, engaged in shopping by providing platform for online marketing and selling of various consumer products. The drug by name SUHAGRA 100 tablets were displayed for sale in the said online site and same is being sold to various customers. Accused No.1 is the company doing business, accused Nos.2 and 3 are the Directors-cum-Promoters and Chief Executive Officer/Chief Operating Officer of accused No.1 and they are responsible for its day to day conduct of the busine

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