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2022 Supreme(Online)(Kar) 236

HIGH COURT OF KARNATAKA
M.NAGAPRASANNA, J
SRI KUNAL BAHL – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
For the Appellants/Petitioners: SRI C.V.NAGESH, SR.COUNSEL FOR SRI MRUTYUNJAYA S.HALLIKERI
For the Respondents: SRI RAMESH CHIGARI, HCGP

Table of Content
1. fact summary of the case against the petitioners. (Para 3 , 4)
2. arguments from both sides regarding liability. (Para 5 , 6)
3. court observations on intermediary status and fir delays. (Para 8)

ORDER

The petitioners are before this Court calling in question proceedings in C.C.No.2 of 2019 pending before the JMFC-II Court, Belagavi registered for offences punishable under Sections 18(c) and 27(b)(ii), 18A and 28 of the Drugs and Cosmetics Act, 1940 (‘the Act’ for short).

2. Heard the learned senior counsel Sri C.V.Nagesh representing the petitioners and the learned High Court Government Pleader representing the respondent-State.

3. Brief facts leading to the filing of the present petition, as borne out from the pleadings are as follows:-

The petitioners are Directors of Jasper Infotech Private Limited now known as Snapdeal Private Limited. The petitioners are on the Board of Snapdeal since incorporation of the company. On 02-12-2014 claiming to be on credible information the drug Suhagra-100 mg. was exhibited on the company’s website, the respondent claims to have placed an order for the said tablet on the petitioners company’s website through his e- mail ID. On 10-1

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