THE HON'BLE SRI JUSTICE N. RAVI SHANKAR CRIMINAL PETITION No.5111 of 2011 Date: 29.06.2011 Between: Mr. Amith Kumar Choudhary and another. … Petitioners. And The State of A.P. through Drugs Inspector, Narampet, rep.by its Public Prosecutor, High Court of A.P., Hyderabad. ….Respondent. THE HON'BLE SRI JUSTICE N. RAVI SHANKAR CRIMINAL PETITION No.5111 of 2011 ORDER: Heard the learned counsel for the petitioners and also the learned Additional Public Prosecutor appearing for the State. The petitioners’ counsel has given the dates on which the sample has been taken, the date on which the analyst report was given and also the manufacturing date and the expiry date of drug in question. The sample was taken on 16.09.2008, the analyst report is dated 26.11.2009 but it is stated that the expiry date of the drug is March, 2011. The analyst report was supplied to accused in time. It was open for accused to approach the concerned Drug Inspector under Section 23 of the Drugs and Cosmetics Act, 1940 to have the other sample analysed by Central Laboratory. Petitioners did not pursue the remedy. In the circumstances, it is not necessary to go into the merits of the case, but the above dates would show that there is no ground to admit this petition. Accordingly, the Criminal Petition is dismissed at the admission stage. However, it shall be open for the petitioners to file an application for discharge or any other appropriate application for exonerating them from the case before the trial Court and the said Court shall dispose of that application, without being influenced in any manner by this order. ______________________ JUSTICE N. RAVI SHANKAR Date: 29.06.2011. mrb