- (1.) The present application under Section 482 CrPC has been filed by the applicants with the prayer to quash the entire proceedings of Special Session Trial No. 51 of 2011 under Sections 17, 18/27, Drugs and Cosmetics Act (here-in-after referred to as 'the Act'), Police Station, Feelkhana, District - Kanpur Nagar pending in the Court of Additional Sessions Judge, Court No.2, Kanpur Nagar. Further prayer has been made to stay the further proceedings of the aforesaid Special Session Trial.
(2.) Heard learned counsel for the applicants and the learned AGA appearing for the State and perused the entire record.
(3.) It is submitted by the learned counsel for the applicants that the applicants are only partners of the firm. They are not responsible for the day-to-day business of the firm, therefore, prosecution for the offence under Sections 17, 18/27 could not be initiated again them. The order passed by the concerned Magistrate summoning the applicants is illegal. The Magistrate concerned has not applied judicial mind while passing the said order. In support of his submissions, learned counsel for the applicants has placed reliance on paragraph 8 of the decision of the Supreme Court in State of Haryana vs. Brij Lal Mittal and others, 1998 SCC(Cri) 1315.;