IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 Crl.MC.No. 2881 of 2011() ------------------------- CC.58/2004 of JUDL.MAGISTRATE OF FIRST CLASS, VADAKARA .................... PETITIONERS/ACCUSED:- ----------------------------- 1. M/S.BRIGHT DRUG INDUSTRIES LIMITED, 45-A, SECTOR 'F' SANWAR ROAD, INDORE - 452 015. 2. MR.J.R.AGARWAL, 133, CHHATRAPATI NAGAR, AIR PORT ROAD, INDORE - 452 005. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS/COMPLAINANT & STATE:- ----------------------------------------------- 1. THE DRUGS INSPECTOR, OFFICE OF THE ASSISTANT DRUGS CONTROLLER, KOZHIKODE - 673 020. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31. ADV. SRI. JAIBY PAUL, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 2881 of 2011 - - - - - - - - - - - - - - - - Dated this the 6th day of September, 2011. O R D E R Heard the learned counsel for the petitioners and the learned Public Prosecutor. 2. The petitioners are arrayed as accused in C.C.No.58 of 2004 on the file of the Judicial First Class Magistrate, Vatakara alleging an offence under Section 18(a)(1) of the Drugs and Cosmetics Act, 1940 which is punishable under Section 27(d) of the Act. I am not inclined to quash the charge. It is open to the petitioners to plead for a discharge by filing an application under Section 259 Cr.P.C. If such an application is filed within one month from today, the learned Magistrate shall pass appropriate orders thereon. 3. Due to the non appearance of the petitioners, non bailable warrant of arrest has been issued against them. If the petitioners surrender before the trial court within one month from today and apply for bail, they shall be released on bail on such terms and conditions the learned Magistrate deems fit. Thereafter, the petitioners may plead for a discharge in absentia Crl.M.C. No.2881/2011 -:2:- by filing an application under Section 205 Cr.P.C. The petitioners shall be allowed to cross examine the witnesses before discharge. The petitioners shall raise all relevant contentions which is available to them in law. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv Crl.M.C. No.2881/2011 -:3:-