Accused have the right to file a discharge petition in criminal proceedings, with procedural protections pending its review.

This Criminal Miscellaneous case is filed by accused Nos. 1 and 2 in Sessions Case No. 878/2013 on the file of the III Additional District and Sessions Judge, Kozhikode. The above case is filed by the Drug Inspector alleging offences punishable under Secs. 18(a)(i) r/w 27(d) of the Drugs and Cosmetics Act .

2.The prosecution case is that on 28.01.2010, the Drug Inspector has drawn a drug sample of ETHIRUB-Iodine Methyl Salicylate ointment Batch No. E0501, Manufacturing date: May, 2009, Expiry Date: April, 2011 manufactured by the 1st accused under Sec. 23 of the Act. When the same was forwarded for analysis, the Government Analyst, Drug Testing Laboratory, Thiruvananthapuram reported that the said veterinary drug is substandard. Hence , the complaint is filed.

3.Heard the learned counsel for the petitioners and the learned Public Prosecutor.

4.After hearing the learned counsel for the petitioners in length, I think the petitioners can be allowed to file a discharge petition before the trial court and if such a discharge petition is filed, there can be a direction to the Sessions Judge not to insist the presence of the petitioners, till discharge petition is considered. All the contentions raised by the petitioners in this Crl.M.C. are left open and the petitioners are free to agitate the same before the trial court in the discharge petition.

Therefore, this Criminal Miscellaneous case is disposed of in the following manner:

1.The petitioners are free to file a discharge petition before the jurisdictional court within thirty days from the date of receipt of a stamped certified copy of this order, if charge is not framed.

2.Once such a discharge petition is received, the jurisdictional court will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioners and the Prosecutor concerned, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of the discharge petition.

3.If a discharge petition is filed as directed above, the presence of the petitioners shall not be insisted, till final orders are passed in the discharge petition.

4.All the contentions raised by the petitioners in this criminal miscellaneous case are left open and the petitioners are free to agitate the same in the discharge petition.

5.Coercive steps against the petitioners also shall be kept in abeyance, till final orders are passed in the discharge petition, if the same is filed as directed above.