IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 Crl.MC.No. 1923 of 2010() --------------------------------------- (C.C.NO.142/2007 OF CHIEF JUDICIAL MAGISTRATE COURT,MANJERI) ..... PETITIONER(S): ACCUSED NOS.3 AND 4: ------------------------------------------------------------ 1. M/S.INTAS PHARMACEUTICALS LTD., 2ND FLOOR, CHINUBHAI CENTRE, OPP.NEHRU BRIDGE, ASHRAM ROAD, AHMEDABAD-380 009. 2. SRI.NIMISH HASMAKH CHUDGAR, 13-14, SANIDHYA BUNGLOW, NEAR SOMESHWAR JAIN TEMPLE, SATELLITE, AHMEDABAD. BY ADV. SRI.P.K.SAJEEV RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE DRUGS INSPECTOR, OFFICE OF THE DRUGS INSPECTOR, MALAPPURAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.1923 of 2010 -------------------------------------- Dated this the 3rd day of June, 2010 ORDER The petitioners who are accused Nos. 3 and 4 in C.C.No.142/2007 on the file of the Chief Judicial Magistrate, Manjeri for an offence punishable under Sections 18(a)(i) & 27 (d) of the Drugs and Cosmetics Act, 1940 (which is a summons trial case) challenge the order dated 22/4/2010 passed by the Court rejecting their application for personal exemption and issuing non-bailable warrants of arrest. 2. If a question of identity of the petitioners does not arise during the trial of the case the Magistrate ought to have granted personal exemption to the petitioners. Without going into the merits or otherwise of the impugned order the petitioners are permitted to file another application through their counsel incorporating the necessary averments. In case such a petition is filed within ten days from today the same shall be allowed notwithstanding the dismissal on 22/4/2010 of the earlier petition. The learned Magistrate shall however be entitled to insist on the personal appearance of the petitioners at the time of pronouncing the judgment or at any earlier stage, if need be. V.RAMKUMAR, JUDGE skj