IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22451 of 2010 1. RAJENDRA C.BORA, CHAIRMAN-CUM-MANAGING DIRECTOR, LITAKA PHARMACEUTICALS LTD. NEW TWILIGHT LITAKA PHARMA LTD. R/O 257/10 GREEN PARK SOCIETY BEHIND ANAND PARK, AUNDHA, PUNE. 2. VASUDEO K. NAYAK, DIRECTOR, LITAKA PHARMACEUTICALS LTD. NEW TWILIGHT LITAKA PHARMA LTD. R/O C/5 AMIT APARTMENT 491, GOKHLE ROAD, PUNE. 3. ABINASH S. CHANDVANKAR, DIRECTOR LITAKA PHARMACEUTICALS LTD. NEW TWILIGHT LITAKA PHARMA LTD. R/O TIRUPATI APARTMENT N.R. CHAITANYA HOSPITAL, 133/B, SINGHAD ROAD BEHIND BHUSBAL GARRAGE, PUNE. 4. SANJIV DINKAR TOLE DIRECTOR & SECRETARY LITAKA PHARMACEUTICALS LTD. NEW TWILIGHT LITAKA PHARMA LIMITED RESIDENT OF PRASANNA PLOT NO. 1 KANCHAN GANGA CO-OPERATIVE HOUSING SOCIETY BIOBWEWADI, PUNE.—PETITIONERS Versus 1. THE STATE OF BIHAR 2. INSPECTOR OF DRUG-CUM-CHIEF HOSPITAL PHARMACIST, PATNA MEDICAL COLLEGE AND HOSPITAL, PATNA. – OPPOSITE PARTIES ----------- 2 21.7.2010 An application was filed for restoring the application to its original file. Although the quashing application on behalf of the petitioners has been dismissed on two earlier occasions i.e. on 21.11.2008 and 9.4.2010. This Court was inclined to give the petitioners a chance and hear the matter on merit. The petitioners have filed this application for quashing the order of cognizance dated 1.10.2003 passed in Special Case No. 3 of 2003 alleging offences under Section 27 (d) of Drugs and Cosmetics Act. The petitioners are employees of the pharmaceutical company. The allegation is that on inspection of the C & F agent of the pharmaceutical company it was found that he maximum retail price (M.R.P.) printed on the medicine was higher than notified by the National Pharmaceuticals Pricing Authority, Government of India. Learned counsel for the petitioners submits that the company was not responsible for the said printing and further submits that no recovery was made from the premises of the company. 2 This Court finds no reason to interfere with the order impugned. These aspects or any other point may be raised at the time of framing of charge. This application is dismissed. Sanjay (Sheema Ali Khan, J.)