The central legal point established in the judgment is that the accused did not contravene the provisions of the Drugs and Cosmetics Act, Rules, or license conditions, and the continuation of criminal proceedings against them would amount to an abuse of process of court.

JUDGMENT

(Prayer: Petitions under Section 482 of the Criminal Procedure Code praying to call for the entire records pertaining to C.C.No.2571 of 2021 on the file of the Fourth Metropolitan Magistrate Court, Saidapet, Chennai and quash the same with respect to the petitioners.)

1. These criminal original petitions have been filed by A4, A7 and A6 respectively to quash the proceedings in C.C.No.2571 of 2021 on the file of the Fourth Metropolitan Magistrate, Saidapet, Chennai.

2. The respondent herein initiated proceedings by filing a criminal complaint against seven accused persons for contravention of Section 18(c) of the Drugs and Cosmetics Act, 1940 (for short, the Act) punishable under Section 27(d) and Section 27(b)(ii) of the Act.

3. The allegations made in the said complaint are as follows:

(i) On 30.1.2018, an inspection was conducted by the Drugs Inspector concerned in the premises of M/s.Oxaid (India) Gases (P) Limited situated at Royapettah, Chennai-14 and on enquiry, it was observed that the said company was not holding a drug licence for purchase and sale of drugs. On further verification of the relevant records, it was noticed that the said company was purchasing Oxygen IP and Nitrous Oxide from M/s.Linde India Limited, Kanchipuram and Oxygen IP from M/s.TN Oxygen (P) Limited, Ambattur, Chennai-95 and selling them to various hospitals. It was, therefore, prima facie concluded that there was a contravention of Section 18(c) of the Act for having stocked for sale/distribution without holding a valid licence.

(ii) The further allegation that has been made in the complaint was that the Managing Director of M/s.Oxaid (India) Gases (P) Limited admitted the contravention under the Act, the Rules framed thereunder and the conditions of licence. The main purport of the allegation made against the petitioners herein was to the effect that they had sold the drugs to a person not holding a requisite licence.

(iii) On receipt of the show cause notice, M/s.Linde India Limited gave reply dated 12.11.2019 along with all the relevant documents. Similarly, M/s.TN Oxygen (P) Limited gave a reply dated 12.12.2019 along with all the relevant documents. A detailed report was collected from the Drugs Inspector and the Authority concerned came to the conclusion that an offence has been committed by the accused persons under the relevant provisions of the Act, the Rules framed thereunder and the conditions of licence and accordingly, the private complaint came to be filed against seven accused persons. As stated above, A4, A7 and A6 alone have challenged the complaint in these criminal original petitions.

4. Heard the respective learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent.

5. This Court has carefully considered the submissions made by the learned counsel on either side and perused the materials available on record.

6. In so far as the petitioners are concerned, it has been stated in the complaint that they contravened the provisions of Section 18(c) of the Act read with Paragraph 2 of Form 25 read with Rule 65 of the Drugs and Cosmetics Rules, 1945 (for short, the Rules) and the conditions of licence under Form 20B and particularly condition No.3(ii) for having sold the drugs to a person not holding the requisite licence to sell, stock or exhibit for sale.

7. Section 18(c) of the Act deals with possessing of licence for manufacture, sale, distribution, etc., of any drug. The definition of the term ''drug'' under Section 3(b) will include even devices intended for internal or external use in the diagnosis, treatment of disease or disorder in human beings and it will take within its fold Oxygen IP and Nitrous Oxide.

8. There is no dispute with regard to the fact that M/s.Oxiad (India) Gases (P) Limited had purchased these drugs from M/s.Linde India Limited and M/s.TN Oxygen (P) Limited and supplied them to hospitals. Even in the reply t