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HASHMUKHLAL D VORA v. STATE OF TAMILNADU

Supreme Court of India | Diary 6391/2022

Status

Judgment

Decided On

2022-12-16

Bench

HON'BLE MR. JUSTICE KRISHNA MURARI, HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN

Petitioner

HASHMUKHLAL D VORA

Respondent

STATE OF TAMILNADU

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Full Judgment Text

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 2310 OF 2022

(Arising out of Special Leave Petition (Criminal) No. 8488 of 2022 )

HASMUKHLAL D. VORA & ANR. … APPELLANT (S)

VERSUS

THE STATE OF TAMIL NADU … RESPONDENT (S)

JUDGMENT

KRISHNA MURARI, J.

Leave Granted.

2. The present appeal is directed against the final order dated

23.08.2021 passed by the High Court of Madras (hereinafter referred to

as "High Court”) in Criminal O.P. No. 6445 of 2018, where the

Appellants' plea under Section 482 of the Cr.PC to quash the criminal

complaint against them was dismissed.

1

3. Briefly, the facts relevant for the purpose of this Appeal are as

follows:

I. Appellant No.1 is the proprietor of an established company under the

name of M/s. Chem Pharm, a trader of raw material chemicals used in

food, food supplements, medicinal preparations etc. Appellant No.2 is the

son and employee of Appellant No. 1.

II. During the course of their business, the Appellants purchased 75 Kg of

pyridoxal-5-phosphate (as 3 x 25Kg packs) from one M/s Antoine &

Becouerel Organic Chemical Co., vide invoice dated 19.03.2013.

III. On 19.11.2013, the then Drug Inspector, Kodambakkam Range,

inspected the Appellants’ premises and alleged contravention of S.18(c)

of the Drugs and Cosmetics Act...

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