Dr. S. Sivasamy v. The Drugs Inspector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.06.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRL.OP(MD)No.11200 of 2013 and M.P(MD).No.2 of 2013 Dr.S.Sivasamy ... Petitioner/Accused Vs.

State represented by the Drugs Inspector Pudukkottai Range incharge Office of the Drugs Inspector 1093, Kannadasan Salai Rajagopalapuram Post Pudukkottai 622 003 ... Respondent/Complainant Prayer: This Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to S.T.C.No.195 of 2013 pending on the file of the learned Judicial Magistrate, Aranthangi against the petitioner/accused and quash the same as illegal and arbitrary.

For Petitioner : Mr.R.Sevugaraja For Respondent : Mr. A.Robinson Government Advocate(Crl.Side)

O R D E R

The petitioner has filed this criminal original petition for quashing the proceedings in S.T.C.No.195 of 2013 on the file of the learned Judicial Magistrate, Aranthangi.

2.The petitioner has not made out any case for quashing the impugned proceedings under the provision of Drugs and Cosmetics Act, 1940. The petitioner is an aged person. It is not in dispute that the petitioner is duly qualified. But, the grounds raised for quashing are to be raised during the regular trial. 3.This Court directs that the trial magistrate shall insist on the appearance of the petitioner herein only for answering the charges and at the time of examination under Section 313 of Cr.PC and at the time of pronouncing judgement. Except the aforesaid occasions, on other hearing dates the petitioner can be permitted to be represented through counsel.

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4.With this relief of dispensing with the personal appearance of the petitioner, this Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate, Aranthangi.

2. The Drugs Inspector, Pudukkottai Range incharge, Office of the Drugs Inspector, 1093, Kannadasan Salai, Rajagopalapuram Post, Pudukkottai 622 003.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO Mr.R.SEVUGARAJA, ADVOCATE IN SR No. 68957 MSA TE/JC/SAR-3 : 28/06/2018 : 2P/5C CRL.OP(MD)No.11200 of 2013 and M.P(MD).No.2 of 2013 18.06.2018 https://hcservices.ecourts.gov.in/hcservices/