ORDER :

1. By way of instant petition, a prayer has been made to quash the proceeding pending before learned Chief Judicial Magistrate, Sirmour at Nahan, bearing complaint No. 05/03 of 2013, titled as State of H.P. through Drugs Inspector versus Ashok Kumar Tyagi and others, as against the petitioners.

2. Petitioners alongwith respondent No.4 are partners of the firm M/s August Remedies (respondent No.3). The said firm is engaged in manufacturing of drugs. The Drug Inspector had taken samples of 13 drugs manufactured by respondent No.3. Out of these, 2 samples were declared “not of standard quality” by Government analyst, CTL Kandaghat, District Solan, H.P. The Drugs Inspector after obtaining prosecution sanction, instituted a complaint before learned Chief Judicial Magistrate, Sirmour at Nahan under Section 18(a) (i) read with section 27 (d) of the Drugs and Cosmetics Act, 1940 (for short the Act). Besides respondent No.3, petitioners and respondent No.4 were impleaded as accused.

3. Petitioners have sought quashing of aforesaid complaint as against them on the grounds firstly that the prosecution as against them was not permissible in view of the provision of Section 34 of the Act.