ORDER :

This suo motu revision was taken on the basis of the letter dated 25.03.2017 received from the Second Additional Sessions Judge, Ernakulam in the matter of wrong committal of a case to the Court of Session, Ernakulam.

2. The case is based on the complaint filed by the Regional Drugs Inspector, Ernakulam against five accused persons. The allegation against the fourth and the fifth accused in the case is that they manufactured and distributed the drug Roscillin AMX capsules containing Amoxycillin 500 mg, not of standard quality and thereby committed the offence punishable under Section 18(a)(i) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as 'the Act') which is punishable under Section 27(d) of the Act. The allegation against the first and the second accused is that, by distributing and transferring the aforesaid substandard drug to the Branch office in Ernakulam, they committed an offence punishable under Section 18(a)(i) read with 27(d) of the Act. The allegation against the third accused is that, by stocking and selling the aforesaid drug which is not of standard quality, he has committed an offence punishable under Section 18(a)(i) read with 27(d) of the Ac