Crl. Misc. No.M-11723 of 2011 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-11723 of 2011 Date of decision: April 21, 2011. Baldev Krishan & Ors. ... Petitioner(s) v. State of Punjab & Anr. ... Respondent(s) CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri T.S. Sangha, Senior Advocate with Shri Hardev Singh Sangha, Advocate for the petitioner(s). Kanwaljit Singh Ahluwalia , J. (Oral): Shri T.S. Sangha, Senior Counsel appearing for the petitioners, has contended that the sample taken by the Drug Inspector was of a manufactured drug and the petitioners, being retailers, cannot be held liable especially when they have purchased the medicine from the distributor. It is further submitted that the second sample could not be sent to the Central Laboratory as its shelf life had expired. It is further submitted that the petitioners are retailers who were selling the manufactured drug and they are facing this litigation since the year 2007 and therefore, this Court should exempt their personal appearance. During the course of arguments, upon observations made by this Court, Counsel for the petitioners has submitted that he may be permitted to withdraw the petition with liberty to raise all the arguments Crl. Misc. No.M-11723 of 2011 -: 2 :- available to him at an appropriate stage before the trial court. An alternative prayer has also been made that the personal appearance of the petitioners before the trial court be exempted. As prayed, present petition is dismissed as withdrawn with liberty to raise all the arguments before the trial court at an appropriate stage. However, as regards alternative prayer regarding exemption from personal appearance, this Court is of the view that since the petitioners are chemists, who are engaged in the retail sale of the manufactured drugs and are facing litigation since the year 2007, personal appearance of the petitioners shall remain exempted subject to filing an undertaking to the effect that they shall cause their appearance as and when required by the trial court. They shall also undertake that the evidence, if any, recorded in their absence, but in the presence of their counsel, shall be binding upon them. The trial court may incorporate any other condition in the undertaking to be furnished by the petitioners. [Kanwaljit Singh Ahluwalia] April 21, 2011. Judge kadyan