M/S.Medplus Pharmacy v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2021 CORAM :

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.25878 of 2017 and Crl.M.P.Nos.14926 & 14927 of 2017

1. M/s.Medplus Pharmacy, Unit of Optival Health Solutions Pvt. Ltd., Door No.22/1, Ground Floor, T.P.Road, Kadaiveethi, Annur, Avanashi Taluk, Coimbatore, Represented by its Whole Time Director K.Satya Murali Krishna.

2. Satya Murali Krishna Whole Time Director of M/s.Medplus Pharmacy, Unit of Optival Health Solutions Pvt. Ltd., Door No.22/1, Ground Floor, T.P.Road, Kadaiveethi, Annur, Avanashi Taluk, Coimbatore.

3. M.Ramesh Krishnan Person incharge of the Firm M/s.Medplus Pharmacy, Unit of Optival Health Solutions Pvt. Ltd., Door No.22/1, Ground Floor, T.P.Road, Kadaiveethi, Annur, Avanashi Taluk, Coimbatore.

... Petitioners Vs.

The State represented by The Drugs Inspector, Mettupalayam Range, O/o. The Assistant Director of Drugs Control, Coimbatore Zone, 219, Race Course Road, Coimbatore - 18.

... Respondent

Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in S.T.C.No.1206 of 2017 on the file of the Judicial Magistrate, Mettupalayam, Coimbatore District and quash the same insofar as the petitioners are concerned.

For Petitioners : Mr.E.Kannadasan For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to quash the complaint in S.T.C.No.1206 of 2017 on the file of the Judicial Magistrate, Mettupalayam, Coimbatore District, initiated under the Drugs and Cosmetics Act, 1940.

2.Today, when the matter was taken up for hearing, the learned counsel for the petitioners fairly submitted that, in similar matters, this Court had dismissed the quash petitions, however, granted an order dispensing with the personal appearance of the petitioners before the trial Court, and hence, prayed that the same indulgence may be shown in this matter also.

3.In view of the submission made by the learned counsel for the petitioners, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed. 4.However, the petitioners are at liberty to raise all their defence before the trial Court. The personal appearance of the petitioners/accused before the trial Court is dispensed with, except for receipt of copies, answering the charges, questioning under Section 313 Cr.P.C., passing of judgment, or on any other date as may be required by the trial Court.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar mkn

To

1. The Judicial Magistrate, Mettupalayam, Coimbatore District.

2. The Chief Judicial Magistrate, Coimbatore.

3. The Drugs Inspector, Mettupalayam Range, O/o. The Assistant Director of Drugs Control, Coimbatore Zone, 219, Race Course Road, Coimbatore - 18.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.E.Kannadasan, Advocate, S.R.No.62071 Crl.O.P.No.25878 of 2017 KSM[co] NSK 13/12/2021