ORDER

The accused Nos.5 and 6 in ST No.3759/2016 on the files of the Judicial First Class Magistrate Court-I, Cherthala, have filed this petition under Section 482 Cr.P.C, for quashing the proceedings against them in the aforesaid case. The said case arose out of a complaint filed by the Drugs Inspector, Alappuzha, against 6 accused, alleging the commission of offences under Section 17 (b) and Section 27 (d) of the Drugs and Cosmetics Act, 1940 . The petitioners herein are said to be marketers of the drug, which the Drugs Inspector found to have been misbranded, in the inspection conducted on 29.11.2013.

2. It is alleged that the Drugs Inspector had seized from a medical shop by name, M/s Kariyil Medicals near KSRTC depo, Alappuzha, the drug Moxking 250 Dry Syrup, in which the label contained a printing that the shelf life of that drug is 24 months. According to the complainant, as per Schedule P of the Drugs and Cosmetics Act, 1940 , the she