1 WP : 2403/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2403 OF 2010 IN CASE NO.655/SW/2005 Popatlal Patel & Anr. ... Petitioner Vs. S.K. Choudhari & Anr. ... Respondents Mr. M.G. Shukla h/f Mr. Girish Kulkarni, Advocate for petitioner. Mrs. U.V. Kezriwal, APP for State. Coram :- Smt. R.P. SondurBaldota, J. Date : 5th August 2011 P.C.: 1. This petition is for quashing of proceedings in CC No. 655/SW/2005 pending in the Court of Metropolitan Magistrate, 15th Court at Mazgaon, Mumbai. The petitioners herein are being prosecuted under Sections 18(a)(i) and 18(a) (vi) read Section 27(a) of the Drugs and Cosmetics Act. The petitioners manufacture hydro chloride acid. They had sold eight drums of Mepacrine Hydrochloride B.P.9 to M/s Phoomal 2 WP : 2403/2010 Kewalram and Sons, who intern supplied the same to M/s Bombay Drugs House. The inspection of the goods in the hands of M/s Bombay Drugs House was found to be of substandard quality. The learned counsel for the petitioners submits that merely because the petitioners had manufactured the chemical which was subsequently found to be of sub- standard quality, they cannot be held responsible for the quality. According to him, there is specific material on record to indicate that the manufacture itself was of sub-standard quality. 2. The complaint specifically names the petitioners as the manufacturers. This fact is not disputed by the petitioners. M/s Phoomal Kewalram and Sons is only the distributor of the chemicals. In that circumstance, it cannot be said that there can be no substance in the allegations against the petitioners. The prosecution must be given an opportunity to produce the necessary evidence before the Court in order to bring home the charges against the petitioners. Hence, the petition is dismissed. (Smt. R.P. SondurBaldota, J)