HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.6322 of 2009 DATED:17.08.2009 Between: M/s.Veekay Pharma (Firm) Shop No.25, RBVRR Hostel Compelx, Tilak Road, Hyderabad, represented by its Proprietor, Sri P.Koteshwara Rao and others .. Petitioners And The State of Andhra Pradesh, rep., by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad .. Respondent HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.6322 of 2009 ORDER: Heard Smt.T.V. Sreedevi, learned counsel representing Sri E.V. Bhagiratha Rao, learned counsel for the petitioners, and Sri A.Ramesh, learned counsel representing the learned Public Prosecutor for the sole respondent. In Crl.P.No.3282 of 2005, this Court, by an order dated 28.06.2006, quashed the proceedings in C.C.No.468 of 2003 on the file of the Additional Judicial Magistrate of First Class, Anantapur against accused Nos.5,7 and 9 therein on the ground that the second and third samples could not be analysed for various reasons depriving the said accused of their valuable right conferred under the statute making the continuance of the proceedings an abuse of process of law. Learned counsel for the petitioners also stated that Crl.P.No.4741 of 2004 filed by accused No.9 in the same case also ended in quashing of the proceedings against him. The present petitioners are accused Nos.4, 6, 8 and 10 to 14 in the same case and they claim the same benefit which was extended to the other accused in the case on legal grounds. The orders of this Court in the earlier criminal petitions have admittedly become final and the present petitioners also can thus be concluded to have lost their right to have the drug in question reanalysed leading to failure of a just opportunity provided by the Statute and in consequence to abuse of process of law. Hence, the criminal proceedings be quashed. Therefore, the further proceedings in C.C.No.468 of 2003 on the file of the Additional Judicial Magistrate of First Class, Ananatapur against the petitioners are quashed and the Criminal Petition is allowed accordingly. ___________________ G. BHAVANI PRASAD, J 17th August 2009 KH