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2021 Supreme(Mad) 2530

N.SATHISH KUMAR
Bharat Chabildas Shah – Appellant
Versus
Union of India, Represented by Drug Inspector, Office of the Deputy Drugs Controller(India), Central drugs Standard Control Organization, Chennai – Respondent


Advocates:
Advocate Appeared:
For the Appellant :K.M. Aasin Shehzad, Advocate.
For the Respondents:B. Sudhirkumar, R. Palaniandavan, Advocate.

JUDGMENT :

(Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in C.C.No.3647 of 2017 pending on the file of the Hon'ble X Metropolitan Magistrate, Egmore, Chennai, and quash the same against the petitioners herein.)

1. This Criminal Original Petition has been filed to call for the records in C.C.No.3647 of 2017 pending on the file of the X Metropolitan Magistrate, Egmore, Chennai, and quash the same against the petitioners herein.

2. Heard the learned counsel for the petitioners and the learned counsel for the respondents.

3. Learned counsel for the petitioners submitted that the petitioners have been arrayed as A2 to A6 in C.C.No.3647 of 2017 preferred by the 1st respondent herein for the offence punishable under Section 27(d) of the Drugs and Cosmetics Act, 1940 purportedly committed by 2nd respondent/1st accused. There was no averment made in the complaint that the petitioners herein were incharge and responsible for day to day affairs of the company. He further submitted that they cannot be prosecuted without any specific averments made in the complaint and there is no whisper made with regard to the role of these petitio

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