Andhra Pradesh High Court - Amravati
M/S. Radico Remedies, vs The State Of Andhra Pradesh, on 13 February, 2023
Author: K Sreenivasa Reddy
Bench: K Sreenivasa Reddy
iN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY, THE THIRTEENTH DAY DF FERRUARY
ARVO THOUSAND ONO TWENTY THREE
7 'PRESENT:
THE HONOURABLE SRI JUSTICE K SREENIVASA REDO
CRLP Nos, 4419 OF 2022, 1188 OF 2020, 7146 of 2022, 7173 of 202
2778 of 2022 and FSi of 2022
ERLP NO: 4418 OF 2022
Between:
1. Mis. Radice Remedies, Rep by its Pariner Mr. Vikramjit Singh Sawhney, 123,
Mandhala, Barotlwala, District Solan -174108 (Himachal Fragesh) (A-4}
2. Mr. Virampt Singh Sawhney, S/o. Sh. Dr. K.S. Sawhney, Ala 52 Yre., Hindu,
Business, Rfo 123, Mandhala, Barctiwaia, istrict Solan-174104, {Himachal
Pradash) (A-2}
..PettionersiAccused
AND
1. The State of Andhra Pradesh, Represented by Public Prosecutor, High Court
of Andhra Pradesh at Amravall, AP.
2. The State of AP. Rep by its , Drugs Inspector, Tenal
. Reapondents
Petition under Section 482 of Cr.P.C, praying that In the circumstances stated
in the memorandum of grounds fled in Criminal Petition, therefore, in view of the
aforementioned facis and circumstance of the case and in view of the facts stated
above the criminal complaint vide No. 20 of 2020 titled as "The Brug Inspector,
Tenali ¥s. Mig. Radico-Remedcies" (Annexure P/1} instituted an 26.03.2020 dy the
respondanticoumplainant under section 32 of Drugs and Cosmetics Act, 1940, for the
vialation of Sections 18(a}() read with section 16, section 188 and section 22
{ieca) punishable U/s 27{d), S8A and 22(3) of the said Act of the Drugs and
Cosmetics Act 1940 and the rules 1945 against the petitioners before the Learned
Trial Gourt and subsequent groceedings, may kindly be quashed, as no case under
the Drugs anc Cosmetics Act, 1940, is made out against the petitioners and the
petition has been filed on account of malafide, and as a counter blast fo civil ligation
and also on vague allegations just to harass the patffioners, in the interest of justice.
iA NO: 2 OF 2022
Petition under Section 482 of Cr.P.C is filed, praying that in the olrcurnstances
Stated in the mernerandum of grounds filed in supsort of the Cri. Petition, the High
Court may be pleased to grant stay of all further proceedings in complaint No.20 of
2020, dated 29-03-2020 an the file of Additional Junior Civil Judge, Tenall, District
Tenali including the appearance of the Acoused ti] the disnosal of the Main Quash
Petition in the interest of the justice, pending disposal of O)RLP No.4419@ of 2022, on
fhe Hie of the High Court.
The petition coming on for hearing, upon perusing the Criminal Petition and
the memorandum of grounds filed in support thereof and the eariler Orders of the
High Court dated 27.06.2022, 08.09.8022 & 12.12.2022 made herein and upon
hearing the arguments of Sri Palla Balu Anil Surnar, Advocate for the Patiioners and
of Public Prosecutor for the Respondents,
CRLP NO: 1188 OF 2020
Between:
i, Mis. Marion Remedies, Reo by is Propre tor Air, Vikramjit Singh Sawhney,
123, Mandhala, Barothwaia, District Sa alan "TRIOS (Himachal Pradesh} (A7}
2. Mr Vikvamiit Singh Sawhney, S/o Sh. Dr. KS, Sawhney, Afa $2 Yre., Hindu,
Business, Ryo 123, Mandhala, Ba ~tiwatla, Detrict Selan-174 705, Hi qiaohal
Pradesh) indie (AZ).
Patitionersidccused
ANE
4. The State of Andhra Pracesh, Represented by Public Prosecutor, High Court
of Andbra Pradesh at Amat svat, AP
The State of ALP, Rep by fs Drugs inspector, Zone-ji, ¥ jayawada.
Respondents
nm
Patition under Section 482 of Cr. * C, praying that in the circurnstances stated
in the memorandum of grounds filed In Criminal Petition, the High Court may be
pleased' fo quash the proceedings in complainant No.3848 of 2019, dated
06.06.2019 ragistered under 32 of the Drugs and Cosmetics Act, 1840, for the
yenation of Section Sections 18iaN) & of the Drugs & Cosrretics Ant 1240 Punishable
is. 27id) of the said Act further AZ failed fo produce/non-disclosure information
U/Sec. 188822(1) of the Drugs & Cosmetic " Act, 1840 and thus Punishable W/S 284
ang 22(3} of the said Ast, on the fle ¢ of Hob'ble Additional Chief Metropolitan
Magistrate Court, Viiayawada, Krishna Disirict, against the Pettioner/s Accused,
IANO: TOF 2020
Petition fled under Saction 482 of Or. PC praying that in the circumstances
stated in the grounds filed in support of the petition, ihe High Court may be pleased
io grant stay of all further proceedings In complaint No. Sade. of 2018, dated
03.08.2049 on the file of Adeiitional Chief Metropolitan Magistrate Court, Vijayawada,
ie ishna District including the appearance of the Accused, pending disposal of
CRLUP No 786 of 2020, an the fle of the High Court.
The pefilice COITHNG on for hearing, upon perusing the Crirsinal Petition and
the meno of grounds fled in supp ort ' thereo? and the earlier orders of the High Court
dated 27-02-2020, O7 04 2024, ane 4 one SEO. 2028, 28.08.2082, U6OG 2028 we
43 42.2082 made herein and upon hearing the arguments of Sr Palle Balu And
Kumar Advocate for the Petitioner ar de of + Publ « Prosecutor for the Respondents,
@
a
GRLP NG: 7146 OF 2028
Between:
4. Ne Radico Remedies, Ren bs
Mandhalsa, Barotavaia, District
2. Vikramiit Singh Sawhney, Si _ ON.
Ria 133, Mancdhaia, Barctiwal a, _ District é ola Aa!
{A-2}
. Vikramiit Singh Sawhney, 128,
Himachal Pradesh} (&-4}
ney, Ala 52 Yre, Hindu Busine ess
103, (Rimachal Pradesh) Inc
PetitionersiAccused
AND
4 The Stete of Andhra Pradesh, Represented by Public Prosecutor, High Court of
Andhra Pradesh at Amaravatl, AP.
The State of Andhva Pradesh, Rep by ts, Drugs Inspecter, Tuni, District East
Salavart
Respondents
Patition under Section 482 of CrP.c, praying that in the circumstances stated
in the memorandum of grounds filed in Crminat Petition, the High Court may be
pleased aforementionad and the criminal complaint vide No, 898 of 2019 Uted as
"sircumstanse of the case and in view of the facte stated above Drug
inspector, Tuni Vs. Mis. Radicn Remedies" (Annexure PI) instifuied on
25.02.2019 by the respondenicomplainant under section 32 of the Drugs and
Casmetios Act, 1840, for the violation of under Sen. 18{ayi} of the Gruge and
Cosmetics Act, 1940 against the peltioners before the Learned Thal Court and
subsequent proceedings, may kindly be quashed, as no case under the Drugs and
Coametics Act. 1940, Is made out against the petitioners and the patition has bean
fied on account of matafide, and as a counter blast to civil Jdigation and alsn on
vague allegations {ust to harass the petitioners. in the interest of fusticg.
iA No. 2 OF 2022
Patiion under Section 482 of CrFic praying that in the circumsianeess stated in
the memorandum of grounds filed in Criminal Petition, the High Court may be pleased
may be pleased to grant stay of all further proceedings Including the appearance of the
petitioner in Criminal cornplaint No. 888 of 2076 an the file of Addilional Judicial First
Class Magistrate, Tuni, registered under section 32 of Drugs and Coametics Ack, 1940,
for the violation of Sections T8{anh. of the Drugs and Cosmetios Act 1940 punishable
Wis 27(9), of the sald Act, pending disposal of CRLF No. ?146 of 2023, on the file of the
High Court,
The pelifion coming on for hearing, upon perusing fhe Pefifion and the
mamorandum of grounds fled in support thereof and the earlier Crelers af the High
Court dated 16.09.2022 & 06.12.2023 marie herein and upon hearing the arguments of
Srl Palla Balu Anil Kumar, Advocate for the Petitianens and of Putlic Prosecutor for the
Respondents,
GRLP NO: 74173 OF 2027
Between:
1. Mis.Radica Remedies, Rep by its Pariner Mr. Vikramjit Singh Sawhney, 123,
Mandhals, Barotiwala, District Solan -1 74703 (Himachal Pradesh} (A-1)
Mr. Vikramjit Singh Sawhney, Sfo Sh. Or. KS. Sawhney, A/a S52 Yre., Hindu,
Business, Rfo 133, Manchala, Sarotiwala, District Solan-174103, fhimachal
Pradesh) India (A-3)
og
Pattioners/Accused
AND
1. The State of Anchra Pradesh, Represented by Public Prosecutor, High Cait
of Andhra Pradesh at Amravati, AP.
é. The State of A.B. Ren by its, Drugs inspector, Gingole, Parkasam District,
._ Respondents
Petition under Section 482 of CrP.6, praying that in the circumstances stated
in the memorandum of grounds Sled in Criminal Petition, the High Court may be
meased aforementioned facts and circumsiance of the case and in view of the facts
stated above the criminal complaint vide No. 778 of 2020 tited as "The Drug
inspector, Ongole Vs. Mis. Radica Reamediss" {Annexure Pit} instituted on
14.07.2020 by the respondent/eomplainant under section 32 of the Orugs and
Gosmetics Act, 1940, for the vidiation of under Sec. T6(aN) tlw section 16 of the
Drugs and Cosmetics Act, 1940 against the petitioners before the Learned Trial
Court and subsequent proceedings, may landly be quashed, as no case under the
hag been filed on account of malafide, and as 3 coun blast to civil Egation and
aiso on vague allegations just to harass the oat tioners, in the Interest of justice.
Drugs and Cosmetics Act, 4040 is made oul against the pelitioners and the patition
I
iA No. 2 OF S082
Petition under Section 482 of Cn P.c p aye ne that in the circumstances stated
in the memorandum of ae sunds fled in Crimin Patition, the High Court may be
pleased to grant stay al further proceedin WS - including the appearance of the
patitioner in Crimmai Cs omplaint Na, PPS 0 sf 2020 on the He of the Court of U
Adidi#ianal Jun) ior Givi Jisigs, Ongole, § Prake sam District, pending disposal af
CRLP No. F173 of 2022, on the Me of the High C
The petiion coming on for hearing, upon perusing the Petition and the
memorandum of grounds filed in suppor thereof anc the Order of the High Court
dated 18.09 2022 rR O6 72. 8082 mae herein and ugon 7 eat ing | the arguments of an
Palla Bah: And Kumar, Advocate f 3 the Patiioners and of Public Prosecutor far the
Respondeanis:
SRLP NO: 7178 OF 2628
Setween:
Sis. Radico Remedies, Res by is Pariner Mr. Vikrampt Singh 6 Sawhney, 123,
Mandhala, Sarothvala, Cistrict Solan 1744 03 > (Himachal Pradeah) (4-1)
..Patitioner/Accused
AND
1. The State of Andhra Py adash, Rapresenied by Pubic Frosecutor, High Court
of Andhra Pradesh at Amravali AP.
% The State of AP, Rep by its, Drugs Inspector, Kakinada (urban),
.Raspondents
Setiion under Section 482 of Or.P.C, praying thal in the circumstances stated
in the memorandum of grounds Ned in Criminal Petition, the High Court may be
olegaed fo in view of the facts tated above the criminal complaint vide Na. 18 of
2048 Hed as The Drug Inspector, Kakinada Vs. Mis Radica Rermecies
{Annexure Pit) instituted on 28.00. 2048 by the respondent/fcompiainant under
sect on a2 of the Drugs and Cosrmatics Act, 1840, for the violation of under Sec.
{8{ali} Sectian 16(@)a) and Section 165 pt wishable under Section 27 (cd) 85 28A of
es ne 'and | Casmatics Act i9a0 against the petitioner before the Court of Hon'tle Hi
Add#ianal Judicial First Class Magistrate, Kekinada furban},and subsequent
nrocesdings, may kindly be quashed, as mo case and under the Drugs ara
Sosrmatics Act, 1940, is made cut agaims! ihe pefihoner and the petition has bean
fied an account of malafide, and as @ Counter blast fo old fHigation and also on
yague allegations just to harass ihe petiioner, in the interest of justice.
iA No, 2 OF 2022
Patton unde ef See to on 482 of CrP.C praying that in the circumstance es stated
fy the memorandum of grounds filed in Crrninal Petition, the e High Gour may bs
pleased to grant stay oF 'al further oroceadings including the
petilioner in Criminal complaint No." iS of ZO ted as g
Kaki nada * is. Mis. Radice Remedies", on the Me of the Court of Ul A fiditional Judicial
nanding disposal of CRLP No, 7178 of
&
The & Org inspector.
First Class Magistrate, Kakinada farban),
2022, on the file of the High Court.
The pefiion coming on for hear Ing, upon perusing the Petition and the
memorandum of grounds filled in support thereof and the Order of the High Court
dated 16.09.2022 & 08.12.2022 made herein and upon Hearing the arguments of S
Palla Balu Ani Kumar, Advocate for the Petit oner and of Public Prasecuior for the
Respondents, .
CRLP NO: 7191 OF 2022
Between
Mis.Radico Remedies, Rep by its Partner Mr. viva Singh Sawhney, 125,
Mandhala, Barotiwala, District Solan -174103 (Himachal Pradesh) (A-7}
rethioneriAccused
AND
1. The State of Andhra Pradesh, Represented by Public Prosecuter, High Court
of Andhra Pradesh at Amravati, AP.
2. The State of AP, Rep by ts, Drugs Inspector, Kadapa, YSR Kadapa District.
a Respondsnis
Petition under Section 482 of CrP. 2: Praying | that in the clrournstarices stated
in fhe mernorandum of grounds fled | in Criminal Petition, the High Courl may be
niegsed fo therefore, in view of the aforernentioned facts and circumstance of the
case and in view af the facts sisted ahove ne sriminal complaint vice Na. 75 of 2048
tied as The Drug ibe rene Kadapa Vs. M/s. Radico Remedies (Annexure Py 3}
insttufed on O@ 01.2079 by the respan nention amplainant under saction 32: mn
Drugs and Cosmetics Act, 1940, for the violation of under Sec. 18faid), 18(a} a
{8B of the Drugs and Cosmetics Act, T1940 against the petitioner before the H be
Court of First Additional Judicial Magistrate of First Class. YOR Kadapa District a
subsequent proosedi ngs, may « kindly be quashed, &S AG Case under the Drugs ai nd
Cosmetics Act, 1840, ig made out sqginst the petitioner and the petition has been
fled on account of malafide, and as a counter biset to civil lifigation and aiso on
vague allegations just to harass the petitioner, im the interest of justice,
of
.
i
&
iA Na. 2 OF 2022
Petition uncer Section 462 af Cr Pio pray ng that in the circumstances stated
in the memorandum of grounds fled in Criminal Petition, the High Court may be
pleased to granf stay of all further proceedings including the appearance of ihe
petitioner in Grirsinal complain vide No. 75 of 2079 titted as " The Drug Inspactor,
Kadapa Vs. Mis. Radico Remedies on the file of the Court of First Addifional Judicial
Magistrate of Firat Class Magistrate, Kacdapa, District YSR Kadapa, pending disposal
of ORLP No 719i of 2022, on the fila of the High Court
The peiiten coming on for hearing, upon perusing the Petition and the
memorandum ef grounds filed in support thereof and the Order of the High Court
dated 18.08.2022 made herein and upon hearing the arguments of Sr Pala Balu
Anil Kumar, Advocate for the Petiinner and of Public Frosesuter for the
Respondents, fhe court made following
ORDER:
easton 21.02.2023.
interim order which js earlier granted has been extended for a period of aight (8} weeks."
? Sci K, SRINIVASA RAJU
- ASSI STANT REGISTRAR ee. SECTION OFFICER Te, ae ..
4 The Additional Chief Metronoliian Magistrate Court, Vilayawada, Krishna District 9 The Additional Junior Civil Judge, Tenall, District Tenall, Guntur Distict % The Additional Judicial First Class Magistrate, Tuni, East Godavari District.
4. The ff Additional Junior Chl Judge, OF role, rakasam District. 5 The Hi Additional dJudicisi First Class Ma gistraie, Kakinada {urban}, East Gadavart District.
8 The First Additional Judicial Magistrate of First Class Magistrate, Kadapa, ¥SR Radapa District The Drugs frespector, Tenall, Guntur Distinct. & The Grugs Inspector, State of AP. Zone-l, Vijayawada, Krishna District.
9. The Drugs Inspector, Tuni, East Godavan Pyatriol
40. The Crugs Ingnentor, Ongole, Parkasam Disttc ie The Grugs inspector, Kakinada (urban), cast Godavari CHatrict.
2. The Drugs inspector, Kadaps, Y YSR Kadapae District. (3.One OC to Sn Palla Balu And Kumar, Adv acate fORUC)
44. Two OCs to Public Prosecutor, High Gaurt of AP [OUT]
15. Qne spare copy.
MSE PTRUE CORY! PLETAL HIGH COURT SRK.
ORDER POST ON 21.02.2028 ORLP Nos, 4419 OF 2022, 1156 OF 2020, TI48 of 2082, PATS af 2028, P4478 of 2022 and TIS of 202s EXTENSION OF INTERIM CIRECTION