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High Court for State of TelanganaCRLP/4572/2016dismissed

P. Tagore, v. The State Of Telangana,

2016-04-01Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4572 OF 2016 ORDER:

This Criminal Petition is filed by the petitioners-accused Nos.12, 13 and 16 to 27 under Section 482 Cr.P.C., seeking to quash the proceedings against them in D & C S.C.No.2 of 2015 on the file of the District & Sessions Judge, Medak at Sangareddy, Medak District. Heard and perused the material available on record. It is alleged that A1 to A11 stocked and sold the spurious drugs, and A12 to A27 purchased and sold the spurious drugs. The accused have not submitted the purchase details, purchase bills, records and registers. Thus, the petitioners and other accused violated Sections 18(a)(i) r/w 17-B(e), 18A, 18B, 18(a)(vi) r/w Rule 65(5)(3) and 22(1) (cca) punishable under Sections 27(c), 28, 28-A 27(d) and 22(3) of Drugs and Cosmetics Act.

The grounds by the petitioners in this petition are the points to be decided by the trial Court after fullfledging trial. Further, on perusal of the material on record, it is apparent that though an explanation was given by the petitioners and other accused stating that the records and registers were subjected to verification, but in such verification, it is found that the invoices and other bills were not issued by the persons, who were identified by the petitioners.

Considering the facts and circumstances of the case and the allegations made against the petitioners, this Court is not inclined to grant the relief sought by the petitioners.

Accordingly, the Criminal Petition is dismissed. However, as the identity of the petitioners is not in question, their presence before the trial Court is dispensed with except on the date of framing of charges, if any; on the date of examination under Section 313 Cr.P.C. and on the date of pronouncement of judgment. The petitioners are directed to be represented by a Counsel before the trial Court on all

hearing dates. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________________ JUSTICE RAJA ELANGO Date : 1.4.2016 Nn HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.4572 OF 2016 DATED 1.4.2016 Nn