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2002 (9) TMI 306 - SUPREME COURTProsecution of dealer- The respondents herein were prosecuted in Criminal Case. In exercise of the powers under Section 482 of the Code of Criminal Procedure by the impugned order the learned Single Judge of the High Court of Andhra Pradesh has quashed the criminal proceedings instituted against the respondents. Aggrieved by the impugned order of quashing of the criminal proceedings the State of Andhra Pradesh has preferred this appeal. High Court holding respondent dealer cannot be prosecuted without manufacturer of drugs being made co accused. Defence plea of ignorance denied as per provisions. Held that- no prosecution in drugs and cosmetic act, 1940 to prosecute dealer for sale of spurious drug or drug of below standard quality without manufacturer being made co-accused. Impugned High Court order set aside. Trial judge to proceed as per law.
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