ORDER :

M. Dhandapani, J.

1. This criminal original petition has been filed seeking to call for the records on the file of the learned XV Metropolitan Magistrate, Chennai in C.C. No. 3 of 2008 and to quash the same.

2. Petitioners 1 and 3 are the Manufacturer of Pharmaceutical products and petitioners 2 and 4 are the Managing Partners of petitioners 1 and 3. The respondent/complainant filed a complaint as against the petitioners and other accused for the contravention of Section 18(a) (i) read with 17 B(d) read with Punishable Section 27(C), Section 18 (C) read with punishable Section 27 (b) (ii), Section 18(C) read with condition 4 (i) of licence in form 21B of Drugs and Cosmetics Act 1940 read with punishable Section 27 (d), Section 18A read with punishable Section 28 and Section 18B read with punishable Section 28A of Drugs and Cosmetics Act, 1940. Challenging the same, this petition has been filed.

3. The facts of the case is that on 25.10.2005, during the inspection conducted by the complainant/the Drugs Inspector, Park Town I Range, at the premises of Venus Agency, situated at No. 5, Ground Floor, Nyniappa Naicken Street, Chennai-3, the sample of Amoxycillin Caps 500 B. No. 169, Manufacture date: November, 2004; Expiry date: October, 2006 manufactured by United Pharma Remedies, Chennai, was drawn for analysis under Form-17 No. 055057 dated 25.10.2005 and sent for analysis under Form-18 to the Government Analyst (Drugs), Drugs Testing Laboratory, Chennai, who in turn reported that the drug was 'not of standard quality' vide report No. 02241-D/2005-06, dated 28.11.2005 for the reason that the sample does not conform to I.P. Specification for Amoxycillin capsules in respect of assay and that the sample is also deemed to be spurious since it has been substituted in part by another drug ampicillin.

4. Thereafter, the Drugs Inspector on 13.12.2005 investigated M/s. Venus Agency, Chennai and it was found that the firm had purchased 10 x 20 x 10 capsules of the above drug from M/s. Vasant Pharma, Chennai and sold 192 x 10 capsules. The balance quantity of unsold stock of 8 x 10 capsules of the subject drug was seized by the complainant under Form-16 No. 1774 and Mahazar both dated 13.12.2005 in the presence of two independent witnesses.

5. Thereafter, the complainant also investigated the premises of M/s. Ambica Pharmaceuticals at No. 23, Raghunayakulu Street, Chennai, who was found to be one of the dealers of the subject drug. During the inspection, the firm was found to have purchased totally 370 x 20 x 10 capsules of the subject drug and had the balance of unsold stock of 25 x 20 x 10 + 14 x 20 capsules and the same were seized by the complainant under Form-16 No. 1773 dated 13.12.2005 and mahazar in the presence of two independent witnesses. The seized property was produced before the XV Metropolitan Magistrate, Chennai-1 on 14.12.2005 under separate petitions and necessary B. No. was allotted.

6. Thereafter, the complainant issued a show cause notice on 05.01.2006 to M/s. Venus Agency, Chennai, for the contravention under Section 18 (a) (i) read with Section 17 B (d) of the Drugs and Cosmetics Act, 1940, for having sold the above said drug which is spurious and the firm was directed to disclose the source of purchase under Section 18A of the said Act. M/s. Venus Agency, Chennai, had sent a reply dated 19.01.2006 stating that the above said drug was purchased from M/s. Vasant Pharma. The copies of sales bills and purchase bills were sent along with the reply.

7. The complainant also issued a show cause notice dated 05.01.2006 to M/s. Ambica Pharmaceuticals, Chennai, for the contravention of Section 18 (a) (i) read with Section 17 B (d) of the Drugs and Cosmetics Act, 1940, for having sold the above said drug which is spurious and the firm was directed to furnish the particulars of purchase under Section 18A of the said Act. M/s. Ambica Pharmaceuticals, Chennai, had sent a reply dated 30.01.2006 furnishing the complete details of pur