N.Anand v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 31.10.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.25428 of 2018 AND Crl.M.P.Nos.14510 & 14512 of 2018 N.Anand .. Petitioner/Accused-3 Vs The State Rep.by The Drugs Inspector, Vellore I Range, Vellore Zone, Vellore-9.

.. Respondent/Complainant Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records in C.C.No.18 of 2014 on the file of the III Additional Sessions Judge, City Civil Court, Chennai and quash the same.

For Petitioner : Mr.S.V.Udayakumar For Respondent : Ms.M.Prabhavathi, APP

O R D E R

The petitioner is facing prosecution in CC.No.18 of 2014 on the file of the III Additional Sessions Judge, City Civil Court, Chennai for the offence under Section 18(a)(i) r/w 17B(d) and 18 (c) of Drugs and Cosmetics Act r/w Rule 78(c) of Drugs and Cosmetics Act, 1940, for quashing which, the petitioner is before this Court.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

3.It is seen that the Drug Inspector had lifted certain samples of drugs from M/s.Teen Pharmaceuticals/A3, which was found to be spurious drug. Hence, the complaint. 4.Learned counsel for the petitioner submitted that the petitioner was studying in college at that time, when the said offence was committed and was not involved in the offence. 5.However, materials produced by the prosecution shows that the petitioner was a Partner in M/s.Teen Pharmaceuticals. Since these are disputed questions of fact, the prosecution cannot be quashed at the threshold.

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6.In the result, this petition stands dismissed with liberty to raise all the points before the trial Court, after the charges are framed. The petitioner shall appear before the trial Court for framing charges, for questioning under Section 313 Cr.P.C. and on the date of judgment. For other hearings, if the petitioner files an application under Section 317 Cr.P.C., the same shall be liberally construed. If the accused adopts any dilatory tactics, the trial Court shall insist upon the presence of the accused. If the accused absconds, a fresh FIR can be registered against him under Section 229-A of IPC. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar gya To 1.III Additional Sessions Judge, City Civil Court, Chennai.

2.The State Rep.by The Drugs Inspector, Vellore I Range, Vellore Zone, Vellore-9.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.V.Udayakumar, Advocate, S.R.No.75139 Crl.O.P.No.25428 of 2018 NMI(CO) rrs 05/12/2018 https://hcservices.ecourts.gov.in/hcservices/