THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6467 of 2009 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C., with a prayer to quash the proceedings against the petitioner in CC No.237 of 2008 on the file of the I Additional Munsif Magistrate, Narasaraopet, Guntur District. 2. The petitioner is A-2 in the above said C.C.No.237 of 2008. The respondent No.2 herein has filed the complaint against the petitioner and others under Sections 18A, 22 (1) (cca), 18 B and 18 (a) (VI) of the Drugs and cosmetics Act, 1940 and alleging that on 22-11-2006 the Drug Inspector along with his staff and punch witnesses inspected the shop M/s. Dakshayani Medical and Fancy at Sattenapalli and found certain drugs lebelled as ‘Physician samples not to be sold’ and also oxytocin injunction for which the petitioner failed to produce purchase bill and seized the medicines and filed the above said case against the petitioner and others. 3. Learned counsel for the petitioner submitted that the Firm is a Partnership Firm, that the petitioner retired from the said Partnership Firm on 16-10-2006, whereas the samples of drugs were sized from the shop on 26-11-2006. He further submitted that the same was informed to the complainant - Drug Inspector and the same is also incorporated in the complaint. 4. Whereas the case of the complainant is that even though the petitioner produced the document to show that he forwarded the dissolution of partnership by certificate of posting to the concerned authorities, the same is not received by the concerned authority and also he has not followed the requisite procedure to delete his name from the drug licence, hence, the present case is filed against him. 5. Learned counsel for the petitioner submitted that it is true that the petitioner has not informed to the concerned authorities about the dissolution of the firm in the prescribed form but, at the same time, immediately after seizure of the said drugs, he appeared before the Drug Inspector and produced the copy of the dissolution of the firm and also the receipt for certificate for posting. He further submitted that the drugs seized from the shop are only the samples, but not for sale and he never intend to sell the same to the pubic. 6. This Court is not inclined to accept the said contention. Subsequent to the production of the said evidence, the complainant - Drug Inspector, based on the deed of dissolution of the Partnership Firm, dated 16-10-2006, deleted the name of the petitioner from the Drug Licence. Though the petitioner has failed to inform about the dissolution of the partnership firm to the concerned authorities in the prescribed form, he has no criminal intention to commit the crime, and further relying on the said document, the complainant had deleted the name of the petitioner from the Drug Licence. Hence, this Court is of the view that the proceedings in the present case against the petitioner can be quashed. 7. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioner – A-2 in CC No.237 of 2008 on the file of the I Additional Munsif Magistrate, Narasaraopet, Guntur District, are hereby quashed. Miscellaneous petitions pending in this criminal petition, if any, shall stand closed. ______________ RAJA ELANGO, J December 22, 2011. KTL