Andhra Pradesh High Court - Amravati
M/S Sri Nagarjuna Agencies vs The State Of Andhra Pradesh on 29 November, 2023
iN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT)
WEDNESDAY, THE TWENTY NINETH DAY OF NOVEMBER,
Te) THOUSAND AND TWENTY THREE
PRESENT: a
+HE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAQ ~
1A No, 2 OF 2023
IN
CRLRC NO: 1705 OF 2023
Relween:
4 Wis Si Nagarjuna Agencies, Rep by te Competent Person & Husharel of ihe
Proprietor, YY Ramesh, Door No. 12-38-64, & Of Agraharam, Kothapet, Guar.
> 'Tailam Ramesh, Sion J Ranake Lingeswars Rac, Hindu, aged about | years.
Sampetent Person & Husband of the Proprietor M/s Sri Nagarjuna AgEnuiss.
Rigo Doar No. 8-6-1O6/1, Nehru Nagar, Guntur
_ Patifioners/Petionars
{Petitioner in eRLRG 1108 OF 2025
on the file of High coun)
AND
( The State of Andhra Pradesh, represented by Byblic Frasecutor, High Gout
of Andhra Pradesh at Amarayailt.
as The Drug Inspector, Guntur Urban, Guntur Cistrict
_ Respondents! Respondents
(Raspondenis ire-do-}
Satition under Section 2a7{t) al ere. is Hed graying Hal in the
circurstanoes stated In memorandum of grou ds of criminal revision O88¢, fhe Hig
Court may be pleased fo grant Gail to the peltionsr Nod by suspending the serine
of unprisonment imposed Mm judgment db V1 AGZOAS tre 6.C.No $60 of 20478 in the
ecurt af the Vv Additional Junior Civil Judge, Guntur as canfirmed © fudgment ct
34 44.2023 passed is OFLA No. 404 of 2018 in the coun of ihe | Additional District
and Sessions Judge, Guniur, pereing iagogal of ORLA No. 1105 of 20923, an The
fe of the High Count.
The peliien caming of for Rearing, Bean perusing the Petition and
mamorandum of grounds of ofiminal revision Case and upon hearing ihe arguments
of Mis T.V.Sn Devi, Adyacalt for the Fationers and Putin Pragecuiar for fe
Raspondent No {, the Court made the following:
ORDER:
*TRis ig aft application filed by the petitionersiAccused seeking %&
suepend the sentence of imprigonment imposed in Judgment dated 14.10.2018
in C.C.No.500 of 2916 on the file of the Court of ty Additional Junior Civil
judge, Guntur, as confirmed in the Judgment dated 24.14.2023 in Or A.No404
gf 2048 by the | Additional District and Sessions Judge, Guntur and release the
petitioners on ball, pending diaposal of the Criminal revision cass.
Learmed counsel for tie petitioners submits that the petitioners are
found guilty for the charge under Section G6&(18) of Drugs and Cosmetic rules
civ. Section 18 fa} GT} punishable under Section £7 id} af the Drugs and
coameties Act, 1940 and Petitiener No.2 is found guilty far the charges under
Section 18 (AY punishable under Section QI and violation of Section 22 (4)
{cca} punishable under Section 22 (4) of Drugs and Cesmetics Act, 1840 and
Petifioner No.1 is sentenced fo pay fine of Rs. 20,000). and Petitioner No.2 is
sentenced to underge Rigorous Imprisonment for 8 period af one year and to
pay fine of Rs. 20,000) vide judgment passed in C.C.NoS00 of 2076 dated
VAAG.2018 on the file of the Court of WV Additional Junior Civil Judge, Garikur,
The appeal preferred by the petitioners is diamissed confirming the
conviction and sentence passed against the accused, vide Judgment in
Criminal Appeal No.dOd of 2048, dated B4.97.2025 by the | Additional Uietrict
and Sessions Judge, Guntur
Heard learned counsel for the petitioners, Perused the material recard.
Learned counsel for the petitioners submits that mo lets of evidence is
olaced to show that the petitioners soled the samples at any point of time. He
further submits that no persan who is said fo be gurchased was axamined t
prove that the physician sample was sold violating the Drugs and Casnietics
Act, 1948.
earned Agsistant Public Proseculor submits that despite addressing
ex. Piddetter to furnish details of the purchases, the petitionersiaccused has
not replied yet.
Having regard to the facta & submissions and the issues raised in the
grounds of revision, which require detaties examination, the substantive
sentence of imprisonment alone ymposed against the petitioners is
suspended, pending final disposal of the reviaion, anid the paliionera, as they
are reported to be surrendered, are directed to be enlarged on ball on thelr
.
executing a persanal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand
only} each with fwo sureties In a fike sum each to the satisfaction of the
learned NV Additional Junior Civil Judge, Guntur."
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| Sesist ANT REGISTRAS
HTRUE COPYH - PA. -
sectiON OFFICER
For
The | Additional District and Sassinns Judge, Guntur.
The WY Additional Jumier Civil Judga, Guntur.
The Superintendent, District Jal, Guntur.
The Drug Inspector, Guntur Urban, Guntur Distict. (By RPAD)
Gne CC fo Mis TA.SN Devi, Advocate [OPUC]
Two COs is Public Prosecutor, High Court of AP TOUT]
One spare ooDy
HIGH COURT
TIKI
DATED: 2a 1/2023
NOTE: POST THE REVISION AFTER FOOR (4) WEEKS
ORDER
iA Na, 2 OF 2028
IN
CRLRG NO: POS OF 2023
CHRECTION
