ORDER :

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure for quash of the proceedings against the petitioners-accused Nos.1 and 2 in C.C.No.658 of 2018 on the file of learned X Additional Chief Metropolitan Magistrate at Secunderabad, cognizance of which was taken for the offence under Section 8 read with Section 3 (d) appended with S.No.19 of Schedule punishable under Section 7 (a) of the Drugs and Magic Remedies (Objectionable Advertisement) Act (herein after will be referred as “the Act” in short.

2. The facts in brief as can be seen from the record available before this Court as per the Drug Inspector, Secunderabad Zone – Sales (FAC), Drugs Control Administration, Vengalraonagar, Hyderabad, are as under:

a) On 30.08.2017 the Drug Inspector along with panch witnesses LWs 3 and 4 and LW2 went to the premises of M/s. Raja Rajeswari Medical and General Stores, D.No.11-3-266/15/3/1/2, Shop No.1, Ground Floor, Mahmoodguda, Warasiguda, Secunderabad. The said M/s. Raja Rajeswari Medical and General Stores is a partnership firm, wherein one of the partners Mrs.Sangam Hemalatha is holding drug license bearing No.246/HD/AP/2002/R in From 20 and 21 having validity upto 27.02.2021. On inspection, the de-facto complainant and other witnesses found a drug namely “Anacin (Acetaminophen and Caffeine tablets (USP)” stocked in a quantity of 14 x 10 tablets printed with an indication as “for Symptomatic relief from headache, body-ache, toothache and pain associated with cold and fever” which is a contravention of Section 3 (d) appended with S.No.19 of the Schedule of the Act. The said drug was seized having its batch No.620-07413S, Mfg.Date: 09/2016, Exp. Date: 08/2019, manufacture in India by: M/s. Pfizer Limited, the Capital – A Wing, 1802, 18th Floor, Plot No:C-70, G-Block, Bandra – Kurla Complex, Bandra East, Mumbai – 400 051 At Sirinagar, Vijayawada, Krishna District, Andhra Pradesh 520 007 (Mfg Lic.No:33/KR/AP/2003/F/CC(L) under the cover of seizure panchanama and obtained acknowledgment.

b) A letter dated 30.08.2017 was served to LW8 one of the partners of the firm with a request to disclose the source of supply of the drug. Simultaneously on 31.08.2017 as mandated under Section 8 (d) of the Act, the de-facto complainant has intimated about the seizure to the learned Magistrate concerned. On 01.09.2017, the de-facto complainant has addressed a letter to the Joint Director, Licensing and Controlling Authority, Drugs Control Administration, Vengalraonagar, Hyderabad narrating the details of the seizure and other subsequent events.

c) On 11.09.2017 a reply was received vide Letter dated 11.09.2017 along with corresponding documents from LW5, wherein it was stated that LW5 is the Managing Partner and responsible for the day to day activities and Anacin Drug bearing batch No.620-07413S, Mfg.Date: 09/2016, Exp. Date: 08/2019, manufactured in India by: M/s. Pfizer Limited is purchased from M/s. Sunny Enterprises, D.No.10-363/6, Satyaraghavendra Nagar Colony, Neredmet X Road, Malkajgiri (M), Medchal District – 500 047 vide Bill No. CC5913 on 19.06.2017. On 14.09.2017 the de-facto complainant has addressed a letter to M/s. Sunny Enterprises with a request to confirm the sale of said batch of drug to M/s. Sri Raja Rajeswari Medical and General Stores, Warasiguda, Secunderabad. On 04.10.2017 the de-facto complainant has received a reply alogn with corresponding documents and it was mentioned that the said Anacin drug with bearing batch No.620-07413S, Mfg.Date: 09/2016, Exp. Date: 08/2019, manufactured in India by: M/s. Pfizer Limited is purchased from M/s.JOELS Pharma, Bhavani Nagar, Mallapur, Hyderabad – 76 vide bill No.5581 dated 06.06.2017.

d) On 11.10.2017 the de-facto complainant has addressed a letter dated 11.10.2017 to M/s. Pfizer Limited, C/o. Kanchan Logistics, Plot No.9, Block No.37, Autonagar, Vanasthalipuram, Hayathnagar Mandal, R.R. District with a request to furnish the purchase and sale details of the