Union Of India vs M/S Zee Laboratories
2023 Latest Caselaw 7122 Kant

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                                                      NC: 2023:KHC:36716
                                                 CRL.A No. 117 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 9TH DAY OF OCTOBER, 2023

                                      BEFORE
                        THE HON'BLE MR JUSTICE S RACHAIAH
                        CRIMINAL APPEAL NO.117 OF 2023 (A)
              BETWEEN:

              UNION OF INDIA,
              O/O CENTRAL DRUGS STANDARD
              CONTROL ORGANISATION,
              DIRECTORATE GENERAL OF HEALTH SERVICE
              2ND FLOOR, STATE DRUGS CONTROLLER
              BUILDING, PALACE ROAD,
              BANGALORE - 560 001,
              REPRESENTED BY DRUGS INSPECTOR,
              SMT. SUNITA JOSHI.
                                                            ...APPELLANT
              (BY SRI. MADHUKAR M DESHPANDE, ADVOCATE)

              AND:

Digitally     1.    M/S. ZEE LABORATORIES,
signed by N
UMA
                    NO.47, GONDPUR INDUSTRIAL AREA,
Location:
HIGH                PAONTA SAHIB DISTRICT,
COURT OF
KARNATAKA
                    SIRMOUR, HIMACHAL PRADESH - 173 025,
                    REPRESENTED BY ITS MANAGING PARTNER.

              2.    SRI. ANURAG PANDEY,
                    AGED ABOUT MAJOR,
                    INCHARGE TABLET AND CAPSULE
                    PRODUCTION MANAGEMENT
                    AT M/S. ZEE LABORATORIES,
                    NO.47, GONDPUR INDUSTRIAL AREA,
                    PAONTA SAHIB DISTRICT,
                               -2-
                                              NC: 2023:KHC:36716
                                          CRL.A No. 117 of 2023




      SIRMOUR, HIMACHAL PRADESH - 173 025.

3.    SRI. AMIT KUMAR SRIVASTAV,
      AGED ABOUT MAJOR,
      INCHARGE QC.,
      AT M/S. ZEE LABORATORIES,
      NO.47, GONDPUR INDUSTRIAL AREA,
      PAONTA SAHIB DISTRICT,
      SIRMOUR, HIMACHAL PRADESH - 173 025.
                                          ...RESPONDENTS
       THIS CRIMINAL APPEAL IS FILED UNDER SECTION
378(4) OF CRIMINAL PROCEDURE CODE PRAYING TO MAY BE
PLEASED TO SET ASIDE THE JUDGMENT AND ORDER DATED
30.09.2019 PASSED BY SPECIAL COURT FOR ECONOMIC
OFFENCES, BENGALURU IN C.C.NO.5/2014 ACQUITTING THE
RESPONDENTS      HEREIN    FOR      THE   OFFENCE    PUNISHABLE
UNDER SECTION 27(d) OF DRUGS AND COSMETICS ACT, 1940
AND    CONVICT   THE   RESPONDENTS         FOR     THE   OFFENCE
PUNISHABLE     UNDER      SECTION     27(d)   OF    DRUGS   AND
COSMETICS ACT, 1940.

       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                          JUDGMENT

1. The learned counsel for the appellant has filed a

memo for withdrawal. The averments of the said Memo

reads thus :

NC: 2023:KHC:36716 CRL.A No. 117 of 2023

"It is submitted in view circular of this Hon'ble Court with regard to e-filing of cases pertaining central government, the Appellant has filed the above appeal by e-filing as well as physical filing on 23.09.2022.

Physical filing was numbered as Criminal Appeal No.1699/2022 (F.R. No.1417/2022). Copy of the acknowledgment for having physical filing of appeal is produced herewith as Document No.1. With respect of Criminal Appeal No.1699/2022, this Hon'ble Court vide order dated 30.06.2023 issued the notices the Respondents. Copy of the order dated 30.06.2023 passed in Criminal Appeal No.1699/2022 is produced herewith as Document No.2. However, the registry of this Hon'ble Court once again it has given provided case number to as Criminal Appeal No.117/2023. Therefore, the Appellant is withdrawing the above appeal, in view of filing of appeal in Criminal Appeal No.1699/2022 which is pending before this Hon'ble Court on the same cause of action and between the same parties.

Wherefore, it is prayed that this Hon'ble Court may be pleased to permit the undersigned advocate to withdrawn the above appeal as not pressed in view of pendency of the appeal in Criminal Appeal No. 1699/2022, in the interest of justice".

NC: 2023:KHC:36716 CRL.A No. 117 of 2023

2. On reading of the averments of the said memo, there

is no embargo for this Court to dismiss the Criminal Appeal

as not pressed.

3. Accordingly, the Criminal Appeal is dismissed as not

pressed.

Sd/-

JUDGE

SNC

CT: BHK