C O M M O N O R D E R

These Criminal Original Petitions are filed to quash the private complaint filed by the Drugs Inspector, Salem I Range, against the petitioners for violation under Section 18 (a)(i) of the Drugs and Cosmetics Act, 1940 , r/w. Section 17 (b) Rule 96(1) of the Drugs Rules, 1945 and (c) of the Drugs and Cosmetics Act r/w. Rules 65(5)(1) and 65(5)(3) of the Drugs Rules, punishable under (d) of the Drugs and Cosmetics Act.

2.The crux of the complaint is as follows :

2.1.On 20.12.2004, the Drugs Inspector, inspected the premises of M/s.Venkatavinayaga Distributors, situated at No.3/33, Chinneri Vayalkadu, Pallapatty, Salem – 9 and found that the following drugs were stocked for sale :

Enthusia 50 mg – B.No.01014H - 777x4s Enthusia 50 mg – B.No.03063H - 50x4s The said drugs were packed as 10 x 4s and in the sales bills also, it was mentioned as packing 10 x 4s. In the outer carton's label, there were the