1This petition is filed by accused Nos. 1 to 3 in S.T.No. 580 of 1997 on the file of the Chief Judicial Magistrate, Thrissur for quashing the proceedings initiated against them in connection with the above case. The complaint, copy of which is Annexure A, was filed against the present petitioners and another person alleging commission of offences under S.18(a)(iv) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as "the Act") read with R.65(3)(1) and (4)(1) of the Drugs and Cosmetics Rules and S.27 (d) of the Act.

2 On the basis of a complaint given by one Dileep Ghosh, the Drugs Inspector, Thrissur inspected the Pharmacy of the first petitioner, M/s.West Fort Hospital, West Fort, Thrissur on 14-6-1995 and seized certain drugs and documents. The drugs seized from the Pharmacy were stated to be drugs the potency of which had expired. The complaint of Dileep Ghosh was that since the drugs, the potency of which had expired, purchased from the Pharmacy was administered to his mother, she died while undergoing treatment in the hospital. On seizing the drugs and documents from the Pharmacy of the hospital, a report was filed in the Court of the Chief Judicial Magistrate on pr