IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26^TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 100768 OF 2025 (482(CR.PC)/528(BNSS))

BETWEEN:

SRI. SHRIDHAR V. HUBBALLI, AGED ABOUT 32 YEARS, OCC. BUSINESS, PROPRIETOR OF M/S. ESS VEE MEDICINES, CTS-134/1/2/3, PATTAN BUILDING, GR FL 29-KARNATAKA SHOP-1, CHANNAPER MAIN ROAD, OLD HUBBALLI-580 024.

… PETITIONER (BY SRI. SUNIL S. DESAI, ADVOCATE)

AND:

THE STATE OF KARNATAKA, R/BY DAYANAND KADADEVAR, DRUG INSPECTOR-3, DHARWAD CIRCLE, HUBBALLI-580 001, REP. BY STATE PUBLIC PROSECUTOR, Digitally HIGH COURT DHARWAD.

signed by RAKESH S RAKESH HARIHAR … RESPONDENT S HARIHAR L H C K o A O I c G R U a H N t R i A o T n T O : A F K A (BY SMT. GIRIJA S. HIREMATH, HCGP)

DHARWAD BENCH THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH COGNIZANCE DATED 07.01.2023 TAKEN BY THE PRL. DISTRICT AND SESSIONS JUDGE, DHARWAD ON 07.01.2023 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 18(A)(I), 18(C) R/W SECTION 17-B(D) PUNISHABLE UNDER SECTIONS 27(C) AND 27(B)(II), (D) OF THE DRUGS AND COSMETICS ACT, 1940 IN SPL.C. NO.2/2023 AND ISSUANCE OF SUMMONS TO THE PETITIONER/ACCUSED NO.2 AND ALL FURTHER PROCEEDINGS IN CONNECTION WITH THE SAME, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 12.09.2025, COMING ON FOR PRONOUNCEMENT, THIS DAY, ORDER IS MADE THEREIN AS UNDER:

CAV ORDER

(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

1. Accused No.2 is before this Court under Section 482 of Cr.P.C read with Section 528 of BNSS, 2023, with a prayer to quash the order dated 07.01.2023 passed by the Principal District and Sessions Judge, Dharwad, in Special Case No.2/2023, registered for the offences punishable under Sections 18(a)(i) read with Section 17-B(d) and 18(c) punishable under Section 27(c) and 27(b)(ii)(d) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as ‘the Act of 1940’ for short) and also to quash the entire proceedings in the aforesaid case as against him.

2. Heard the learned counsel for the parties.

3. The respondent herein had filed a private complaint before the Court of Principal District and Sessions Judge and Special Judge, Dharwad against Sri. Gautam Jain and the petitioner herein contending that on 10.06.2021, when he was on duty, he had inspected M/s. Aroodha Pharma, Vidyanagar, Hubballi, and had found a batch of drug for sale, namely ‘Sterinova hand Rub, B.No.023, D/M-03/2021 D/E-02/2023’. Since the said drug was found to be suspicious and it did not bear the manufacture license number in the label, sample of the said drug was drawn and on enquiry, accused No.1 had informed that the drug was purchased by him from the petitioner. After receiving the test report from the laboratory, since the sample drug was found to be of not standard quality, the batch of drug which was found at M/s. Aroodha Pharma, was seized under a panchanama and after completing the investigation, a private complaint was filed against accused Nos.1 and 2 before the jurisdictional Sessions Judge and Special Court, for the aforesaid offences. The learned Special Judge, by order impugned dated 07.01.2023 has taken cognizance of the alleged offences and has issued summons to the accused. Being aggrieved by the same, accused No.2 is before this Court seeking for the aforesaid reliefs.

4. Learned counsel for the petitioner submits that the complainant was appointed as an Inspector for Benglauru Circle and his appointment was notified under a Gazette Notification issued by the State Government on 06.12.2014. Subsequently, the complainant was transferred to Dharwad Circle under a Transfer Order dated 07.10.2020 but there is no fresh Notification issued as provided under sub-section (1) of Section 21 of the Act of 1940 which is published in the Gazette Notification appointing the complainant as Inspector for Dharwad Circle. Therefore, complainant was not a competen