THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.4186 OF 2023

O R D E R:

This Criminal Petition is filed seeking to quash the proceedings against the petitioners/accused Nos.1 to 3 in C.C.No.3855 of 2019 on the file of the learned X Additional Chief Metropolitan Magistrate, at Secunderabad (for short, “the trial Court”) registered for the offences under Section 18(a)(iv) r/w. Rule 106 and Sl.Nos.42 & 51 of Schedule ‘J’ punishable under Section 27(d) of the Drugs and Cosmetics Act, 1940 (for short, “the Act”).

2. Heard Mr.Dammalapati Srinivas, learned senior counsel representing Mr.Karan Talwar, learned counsel for the petitioners and Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for respondent No.2-State.

3. The brief facts of the case are that on 07.12.2015 respondent No.1/complainant received credible information that the firm of M/s.Mankind Pharma Limited, D.No.1-3- 183/40/21/63/A & 62/2 & 62/2A, (Ground Floor) and III Floor, P & T District has stocked Pilorute cream labeled with indication of “Varicose veins and Haemorrhoids (Piles)” for sale; that LW1 along with LWs.2 and 3 proceeded to the premises of LW4. Upon search in the above shop, the drug ‘Pilu