THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Criminal Petition No. 5383 of 2009 Order: This Criminal Petition, under Section 482 Cr.P.C., is ﬁled by the petitioner/A2 seeking to quash the proceedings in C.C. No.261 of 2006 pending on the ﬁle of the Chief Metropolitan Magistrate (II Metropolitan Magistrate), Vijayawada. The petitioner is A2. He is the proprietor of M/s. Meghana Medical Distributors holding drug licences bearing No.20B/501/AP/KR/V(II)/2000/W/R, 21B/493/AP/KR/V(II)/2000/W/R valid up to 31.12.2006. The said licences were cancelled by the licensing authority subsequently for certain violations. On 05.12.2002, on credible information, the Drugs Inspector, Zone-1, Vijayawada accompanied by the Drugs Inspector, Machilipatnam, Krishna District inspected the sales premises of M/s. Raghava Medical Agencies, Vijayawada in the presence of its partner T. Nagarjuna Rao and veriﬁed the stock position and purchase particulars and found the stock of Deewax Ear Drops, B.No.ED-11, Mfg.Sep/2001, Exp.date: August 2003 (MO.1 drug) manufactured by M/s. Endoven Pharmaceuticals Pvt. Limited, Hyderabad. Samples were drawn under Form-17 as per the procedure laid down under the Drugs and Cosmetics Act, 1940. The Drugs Inspector, Zone-1 tendered the fair price for the sample collected and veriﬁed the invoice number produced by the partner present in the shop vide invoice No.670, dated 08.09.2002 of M/s. Meghana Medical Distributors, Gandhinagar, Vijayawada. Then the sales premises of M/s. Murali Krishna Medical Agencies, Vijayawada were inspected and there also invoice No.818, dated 20.09.2002 (MO.2 drug) issued by M/s. Meghana Medical Distributors, Vijayawada, was found. Then they inspected M/s. Meghana Medical Distributors, Vijayawada, and found A2 was absent. However, the father-in-law of A2 P.V. Kasi Rao was present. He failed to produce purchase and sales particulars. Then they veriﬁed the stock ledger, wherein the purchases made under MOs.1 and 2 were found. Then Form-18 was prepared and samples were forwarded to the Analyst, Drugs Control Laboratories, Hyderabad. After completing investigation, complaint was ﬁled giving all the details and particulars. No representation for the petitioner. Heard the learned Additional Public Prosecutor. The petitioner’s case appears to be that he is neither the manufacturer nor licencee of the manufacturer and that he is not aware that the alleged drugs are spurious. He claimed that he is a bona ﬁde purchaser from M/s. New Chandana Medical Distributors, Proddutur of Kadapa District through its agent V. Raj Mannar (A1). All the points raised by the petitioner herein show that he has denied the allegations made against him in the charge sheet. It is settled law that the truth or otherwise of the allegations made in the charge sheet or complaint cannot be gone into in the quash proceedings and the same can be decided only after full fledged trial. I do not see any reason to quash the proceedings. Accordingly, the Criminal Petition is dismissed. ______________________ B. CHANDRA KUMAR, J. Date: 01.12.2011 Nsr