M/S Amazon Distributors Pvt Ltd vs State At The Instance Of Drugs Inspector on 20 July, 2018

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Karnataka High Court

M/S Amazon Distributors Pvt Ltd vs State At The Instance Of Drugs Inspector on 20 July, 2018

Bench: John Michael Cunha

                               1

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 20th DAY OF JULY, 2018

                           BEFORE

     THE HON'BLE MR.JUSTICE JOHN MICHAEL CUNHA

           CRIMINAL PETITION NO.5067 OF 2018

BETWEEN:

1.    M/s Amazon Distributors Pvt. Ltd.,
      No.710/744/1001/2,
      2nd Cross, Hanumanthnagara,
      Jalamangala Road,
      Ramanagara Town
      Ramangara District - 571 511
      Represented by its Director
      Mr.Nilesh Agarwal

2.    Mr.Nitin Agarwal,
      Aged about 35 years
      S/o Sri Sri Dayanand Agarwal,
      Director of M/s Amazon Distributors Pvt. Ltd.,
      No.710/744/1001/2,
      2nd Cross, Hanumanthnagara,
      Jalamangala Road,
      Ramanagara Town
      Ramanagara District - 571 511.

3.    Mr.Nilesh Agarwal
      Aged about 32 years
      S/o Sri Sri Dayanand Agarwal,
      Director of M/s Amazon Distributors Pvt. Ltd.,
      No.710/744/1001/2,
      2nd Cross, Hanumanthnagara,
      Jalamangala Road,
      Ramanagara Town
      Ramanagara District - 571 511.            ...Petitioners

(By Sri.G.Desu Reddy, Adv.,)
                                 2

AND:

State at the instance of Drugs Inspector,
Ramanagara Circle,
Ramanagara - 571 511

Represented by
State Public Prosecutor
High Court Buildings,
Ambedkar Veedhi,
Bengaluru - 560 001                              ...Respondent

(By Smt.Namitha Mahesh B.G., HCGP)


      This Criminal Petition is filed under Section 482 of
Cr.P.C., praying to quash the entire proceedings in
Spl.C.C.No.44/2014 pending on the file of the Principal District
and Sessions Judge, Ramanagar.

      This Criminal Petition coming on for admission this day,
the Court passed the following:

                           ORDER

Learned High Court Government Pleader takes notice for the respondent.

Heard the learned Counsel for the petitioners and the learned HCGP.

2. The petitioners have sought to quash the proceedings initiated in Special Case No.44/2014 on the ground that the petitioners are not responsible for the 3 conduct of the business and therefore, they are not liable to face the prosecution for the alleged offences.

3. The material allegations leveled against the petitioners are that, by violating the conditions of licence issued to petitioner No.1 (accused No.2), the alleged offence has taken place. It is submitted that the proceedings is pending before the Trial Court for evidence before charge.

4. Keeping open the contention for consideration of the Trial Court, the petition is dismissed reserving liberty to the petitioners to approach this Court, if they are aggrieved by any adverse order passed against them.

Accordingly, the petition is disposed of. In view of disposal of the petition, I.A.No.1/2018 filed for stay also stands disposed of.

Sd/-

JUDGE KNM/-

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