APHC010265542020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4168/2020 Between: 1. MOHAMMAD DAWOOD, S/O.BABU MIA, AGED 36 YEARS, R/O. H.NO. 62/C, RANGA BHUJANGA THEATRES, PIPELINE ROAD, BESIDE SIVA SAIKANTA, SHAPURNAGAR, HYDERABAD. 2. MOHAMMAD HAJI SAB,, S/O.MEHATAB ALL SAB, AGED 29 YEARS, R/O. PLOT NO. 13, PHASE V, MAZDOOR CANREEN, DULLAPALLI ROAD, IDA, JEEDIMETLA, HYDERABAD. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 2. CHINTAPALLI VENKATESWARA RAO, S/O.NOT KNOWN, AGED 45 YEARS, WORKING AS VILLAGE REVENUE OFFICER, KURICHEDU, PRAKASAM DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. SITA RAM CHAPARLA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court Made the Following Order: The instant petition under Section 482 Cr.P.C., has been filed by the petitioners herein/Accused Nos.4 and 5, seeking quashment of proceedings against them in Crime No.81 of 2020 of Kurichedu Police Station, Prakasham District, registered for the offences punishable under Sections 304-II, 328 and 420 IPC and Section 18(c), 27(b), II, Sec, 17(B) and 27(c) of the Drugs and Cosmetics Act-1940. 2 2. Heard Sri Sita Ram Chaparla, learned counsel for the petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for respondent No.1/State. 3. Learned counsel for the petitioners would submit that the petitioners herein are A4 and A5 who are maintaining shop in the name and style “New Chemicals”. Learned counsel for the petitioners would further submit that the petitioners are registered licence holders to sell the chemical. Therefore, continuing criminal proceedings against the petitioners is mere abuse of process of law. Learned counsel would further submit that for the offences under Drugs Act, in unambiguous words, that prosecution, under Chapter IV of the DC Act, can be instituted only by an Inspector and others as specified, which was categorically held in the decision of the Hon’ble Supreme Court in Union of India Vs. Ashok Kumar Sharma and Others1. 4. Learned Assistant Public Prosecutor would submit that petitioners herein are the registered licence holders to sell the chemicals and the Court may pass appropriate orders. 5. On hearing both sides and on perusal of the entire material on record, it is seen that nothing is attributed against the petitioners herein except stating that A1 and A2 purchased the chemicals from the shop of A4 and A5. In that view of the matter, no prima facie case is made out against the petitioners to continue criminal proceedings against them. 1 (2021) 12 SCC 674 3 6. Accordingly, the Criminal Petition is allowed and the proceedings, in respect of petitioners/A4 and A5 in Crime No.81 of 2020 of Kurichedu Police Station, Prakasham District, are hereby quashed. Pending applications, if any, shall stand closed. ___________________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date : 10.09.2025 ASR 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.4168 of 2020 Dt.10.09.2025 ASR