THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.2702 of 2024

O R D E R

This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) by the petitioners/accused Nos.2 to 4 seeking to quash the proceedings against them in C.C.No.62 of 2023 on the file of the I Additional Judicial First Class Magistrate, Nizamabad registered for the offences under section 18(a) (vi) of Drugs and Cosmetics Act, 1940 read with Rule 65(17) of the Drugs Rules, 1945, Section 18(a) (vi) of the act read with Rule 65(6), Rule 64(4) (3) (i) & Rule 65(4) (i) of the Rules, Section 18A, Section 18B & Section 22(1) (cca) of the Act and are punishable under sections 27(d) , section 28, section 28A & section 22(3) of the Act, and contravention of para 26 of Drugs Price Control Order(DPCO) 2013 read with section 3(2) (c) & section 8 of Essential Commodities (EC) Act, 1955 and are punishable under section 7(i) (a) (ii) of EC Act.

2. Heard Sri P.Kanthi Kiran, learned counsel for the petitioners and Sri Jithendar Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1–State.

Perused the record.

3. Learned counsel for the petitioners-accused confined his prayer to dispense with the personal appearance of petitioners-Accused.

4. Considering the submission of learned counsel for the petitioners, the attendance of the petitioners-accused is dispensed with in C.C.No.62 of 2023 on the file of the I Additional Judicial First Class Magistrate, at Nizamabad, when represented by their counsel on record. The attendance of the petitioners-accused is dispensed with subject to filing an affidavit by the petitioners stating that in their absence, the proceedings conducted by their counsel will not be disputed by them in any manner and shall not dispute their identity also. However, the petitioners-accused shall appear before the learned Magistrate as and when their presence is required. In the event of failure of the petitioners to appear when the Court directs, this order dispensing with their attendance shall stand cancelled.

5. Accordingly, the Criminal Petition is disposed of. Miscellaneous applications pending, if any, shall stand closed.

_____________________ E.V. VENUGOPAL, J Date: 11.11.2024 BV