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Judgment
H.S. Kempanna, J.—The petitioners who are accused Nos. 2 to 4 in C.C. No. 504/2012 on the file of J.M.F.C. Virajpet, which has been registered for the offences punishable under Sections 32 and 34 of Karnataka Excise Act have sought for quashing of the said case as against them. It is the case of the prosecution, that on 12-04-2011 at about 8.15 a.m. when the police raided the shop of accused No. 1 situated at Bittangala Village in Virajpet Taluk, they noticed the said accused No. 1 was selling to the customers Ginger berries of 450 ml. in a bottle and the said accused had bought the said Ginger berries bottles from the shop of these petitioners situated at Virajpet and they had indulged in selling the said bottles to the customers without their being valid prescription issued from a Medical practitioner and thereby they have committed the aforementioned offences.
The learned counsel for the petitioner contends that the petitioners who are Medical representative, Proprietor of Adarsha Medical, Virajpet and Salesman, have only sold Weak Ginger Tincture which they had bought from Trinity Agencies under due prescription issued by the Registered Medical practitioner. They have not indulged in selling the same as alleged by the prosecution without any prescription of a registered medical practitioner. It is their case that they have not sold the said Weak Ginger Tincture to accused No. 1 at any point of time. On the other hand, they have sold the same to the persons as against medical prescriptions only. They have no nexus with accused No. 1. They have been legged in on the basis of the statement made by accused No. 1 who is alleged to have stated that he has bought the Weak Ginger Tincture bottles from their shop. There is no material to show that they have sold the bottles to accused No. 1. A false case has been foisted in order to harass them. Therefore, the proceedings be quashed.
Per contra, learned State Public Prosecutor submitted that the final report now placed disclose that these petitioners hand-in-glove with accused No. 1 have sold these Weak Ginger Tincture to the people which adversely affects the health of human beings. They have sold the same without their being prescriptions issued from a Competent registered Medical practitioner. It is too premature at this stage now to appreciate the material on record and come to the conclusion that there is no case made out against these petitioners in order to quash the proceedings against them. Hence, the petition be dismissed. The materials on record now placed u/s 173 of Cr.P.C. reveal that these petitioners who are Medical representatives, Proprietor and Salesman of Adarsha Medicals situated at Virajpet have sold the Weak Ginger Tincture bottles to accused No. 1, who in turn as sold in loose to his customers in his shop situated in his village. At the time of raid by the police on credible information received they have noticed accused No. 1 having sold these Weak Ginger Tincture bottles without their being valid prescription issued from the registered Medical practitioner. The contention of the learned counsel for the petitioners that the petitioners have not sold these Weak Ginger Tincture bottles to accused No. 1 cannot now be appreciated having regard to the materials on record to come to the conclusion that they have no nexus with accused No. 1 in selling the bottles. Since the materials now placed on record prima-facie disclose, accused in the case having committed the offences, this is not a fit case to quash the proceedings in exercise of power u/s 482 of Cr.P.C. Accordingly, I do not find any merit in this petition. Hence, it is dismissed.