CRL.P/4160/2020 of A V MURTHY Vs STATE AT THE INSTANCE OF ASSISTANT DRUGS CONTROLLER on 5 October 2026

HC-KAR

CNR: KAHC010258472020

NC: 2026:KHC:55252

CRL.P No. 4160 of 2020

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5TH DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE H.P.SANDESH

CRIMINAL PETITION NO.4160 OF 2020

BETWEEN:

1.

A.V. MURTHY,

PROPRIETOR AND COMPETENT PERSON OF

M/S. VENKATESHA MEDICAL STORES,

K.NO.1465, SHOP NO.359/1,

SRIVANI KRUPA, BURRJJANHATTI CIRCLE,

3RD DIVISION, GROUND FLOOR,

CHITRADURGA DISTRICT-577501.

…PETITIONER

(BY SRI. SREE HARSHA A.K., ADVOCATE)

AND:

1.

STATE AT THE INSTANCE OF

ASSISTANT DRUGS CONTROLLER,

OFFICE OF THE ASSISTANT

DRUGS CONTROLLER,

CHITRADURGA CIRCLE,

CHITRADURGA-577501,

REPRESENTED BY SPP,

HIGH COURT BUILDING,

BENGALURU-560001.

…RESPONDENT

(BY SRI. SUHAS GOWDA M., HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER

DATED 10.12.2019 PASSED BY THE PRINCIPAL DISTRICT AND

Digitally signed

by DEVIKA M

Location: HIGH

COURT OF

KARNATAKA

HC-KAR

CNR: KAHC010258472020

NC: 2026:KHC:55252

CRL.P No. 4160 of 2020

SESSIONS JUDGE, CHITRADURGA IN CRL.RP.NO.87/2017 AS

PER ANNEXURE-AE AND ORDER DATED 11.10.2017 PASSED BY

THE II ADDITIONAL CIVIL JUDGE AND JMFC, CHITRADURGA, IN C.C.NO.1488/2008 AS PER ANNEXURE-ACCUSED AND TO

DISCHARGE THE PETITIONER IN C.C.NO.1488/2008 ON THE

FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, CHITRADURGA BY HOLDING THAT THE RESPONDENT HAS NOT

MADE OUT A PRIME-FACE FOR THE ALLEGED OFFENCE(1)

OFFENCE UNDER SECTION 18(a)(i) R/W 17(e) OF THE DRUGS

AND COSMETICS ACT,1940 PUNISHABLE UNDER SECTION

27(c) OF THE ACT (2) OFFENCE UNDER SECTION 18(a)(vi) R/W

RULE.65(5)(3)(i) OF THE DRUGS AND COSMETICS RULES, 1945 P/U/S 27(d) OF THE DRUGS AND COSMETICS ACT AND

TO OFFENCE UNDER SECTION 18B OF THE DRUGS AND

COSMETICS ACT, 1940 P/U/S 28(A) OF THE ACT, (4) OFFENCE

UNDER SECTION 18A OF THE DRUGS AND COSMETICS ACT

P/U/S 28 OF THE ACT AS PER COMPLAINT AT ANNEXURE-AB.

THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH