HON’BLE SRI JUSTICE G.BHAVANI PRASAD Criminal Petition No.7680 of 2009 Dated : 22.09.2009 Between : Reckitt and Colman of India Limited ….. Petitioner a n d The State of A.P. & another ….. Respondents HON’BLE SRI JUSTICE G.BHAVANI PRASAD Criminal Petition No.7680 of 2009 ORDER: Heard Sri C.Padmanabha Reddy, learned senior counsel representing Sri C.R.Sridharan, learned counsel for the petitioner, and Sri A.Ramesh, learned counsel representing the learned Public Prosecutor, for both the respondents. The petitioner is facing prosecution in C.C.No.449 of 2004 on the file of the XI Metropolitan Magistrate, Secunderabad, under the provisions of Drugs and Cosmetics Act, 1940 (for short ‘the Act’) as the manufacturer of the drug in question. But, apart from various other defences raised against the prosecution, his primary reliance is on the report of the Central Drug Laboratory dated 25.09.2000 in which, the sample received intact by the said laboratory was analysed and found to be of standard quality as defined under the Act and the Rules made thereunder for the reasons specified in the report. The complaint by the Drugs Inspector shows that the prosecution was launched on the ground of the analysis done by the Government Analyst as the report of the Central Drug Laboratory was said to be awaited though factually it appears that the said report of the Central Drug Laboratory was received even prior to the filing of the complaint. In W.P.No.3144 of 2005, the learned Judge in order dated 19.12.2008 made it clear that in case of the report of the Central Drug Laboratory being in favour of the petitioner, it is always open to him to move an application for discharge, which shall be considered in accordance with law. Under the circumstances, without going into other questions, it can be said with certainty that under the provisions of the Act, the report of the Central Drug Laboratory exonerates petitioner from any criminal liability and it has to succeed. Accordingly, the further proceedings against the petitioner in C.C.No.449 of 2004 on the file of the XI Metropolitan Magistrate, Secunderabad, are quashed. The criminal petition is allowed. ______________________ G.BHAVANI PRASAD, J 22nd September, 2009 SUR