M/S Vapi Care Pharma Pvt. Ltd., Vs State of the Instance of Asst. Drugs CONTROLLER-1 — Karnataka HC (2026) — LawSathi Research

M/S Vapi Care Pharma Pvt. Ltd., Vs State of the Instance of Asst. Drugs CONTROLLER-1 — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

The prayed-for setting aside of the order dated 15.07.2025 dismissing the Section 239 discharge application was not granted; the petition stood disposed with liberty to the petitioners to urge all contentions before the trial court, and a direction to the trial court to conclude Spl.C.C.No.243/2015 within four months of receipt of the order, if not earlier.

Issue for consideration

Whether the criminal petition under S.482 Cr.P.C. (filed under S.528 BNNS) praying to set aside the order dated 15.07.2025 dismissing the petitioners' discharge application under S.239 Cr.P.C. in Spl.CC No.243/2015, and to allow that discharge application, deserves to be granted. +2 more

Ratio / Principle

Since the trial in Spl.CC No.243/2015 has already commenced, there is no warrant of interference at this juncture with the order rejecting the discharge application under Section 239 Cr.P.C.

Key takeaways

The petitioners are at liberty to urge all their contentions before the concerned (trial) Court at the appropriate time.ratio¶38
The concerned Court will consider the contentions urged by the petitioners and pass necessary orders answering all of them.ratio¶39
In view of the proceedings being of the year 2013, the concerned Court is directed to conclude the proceedings in Spl.C.C.No.243/2015 within an outer limit of four (4) months from the date of receipt of a copy of the order, if not earlier.

Detailed headnote1 paragraphs

HIGH COURT OF KARNATAKA (M. Nagaprasanna, J.), CRL.P No. 14358 of 2025, decided 13.07.2026 — Criminal petition under S.482 Cr.P.C. (filed under S.528 BNNS) by accused Nos.1-4 (M/s. Vapi Care Pharma Pvt. Ltd. and others) calling in question the order dated 15.07.2025 of the Principal City Civil and Sessions Judge, Bangalore (CCH-01) in Spl.CC No.243/2015 dismissing their discharge application under S.239 Cr.P.C. in a 2013 drugs prosecution at the instance of the Asst. Drugs Controller-1, Bangalore. Held: the trial having already commenced, there is no warrant of interference at this juncture; the petitioners are at liberty to urge all contentions before the trial court, which shall consider and answer them; the trial court is directed to conclude Spl.C.C.No.243/2015 within an outer limit of four months from receipt of the order, if not earlier. Petition disposed. No precedent was cited or relied upon in the order.

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NC: 2026:KHC:35534 CRL.P No. 14358 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF JULY, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 14358 OF 2025

BETWEEN:

M/S. VAPI CARE PHARMA PVT. LTD., UNIT NO.II, VILLAGE BELIKHOL, NALAGARH ROAD, DIST SOLON, - 174 101, HIMACHAL PRADESH, REPRESENTED BY MANAGING DIRECTOR, SRI. KAMAL J SHAH,

Digitally signed by PADMAVATHI B K

Location: High Court of Karnataka

SRI. KAMAL J SHAH, AGED ABOUT 60 YEARS, MANAGING DIRECTOR OF M/S VAPI CARE PHARMA PVT. LTD., UNIT NO.II, VILLAGE BELIKHOL, NALAGARH ROAD, DISTRICT SOLON, 174101, HIMACHAL PRADESH.

SRI. SUDHIR KUMAR SINGH, AGED ABOUT 45 YEARS, MANUFACTURING CHEMIST OF A1 COMPANY, M/S. VAPI CARE PHARMA PVT. LTD., RESIDING AT VIJAY RAY KETOLA POST, RIVILGANJ, DIST CHAPRA BIHAR.

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NC: 2026:KHC:35534 CRL.P No. 14358 of 2025

HC-KAR

SRI.SHASHIKANTHSURWASE, AGED ABOUT 57 YEARS, ANALYTICAL CHEMIST OF A1 COMPANY, RESIDING AT KAPIL NAGAR, KHADGAON ROAD, LATHUR, MAHARASTRA - 413 512.

…PETITIONERS

(BY SMT.ANITHA P., ADVOCATE)

AND:

STATE OF THE INSTANCE OF ASST. DRUGS CONTROLLER-1, BANGALORE CIRCLE - 5, DRUGS CONTROL DEPT., BANGALORE - 560 001.

…RESPONDENT

(BY SMT.WAHEEDA M.M., HCGP)

THIS CRL.P. IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 15.07.2025 PASSED BY THE LD PRL.CITY CIVIL AND SESSIONS JUDGE AT BANGALORE CCH-01 IN SPL.CC NO.243/2015 IN DISMISSING THE APPLICATION U/S 239 OF CODE OF CRIMINAL PROCEDURE FILED BY THE APPLICATION NO.1 TO 4 PETITIONERS HEREIN IN ANNEXURE A AND ALLOW THE APPLICATION FILED U/S 239 OF CODE OF CRIMINAL PROCEDURE FILED IN SPL.CC NO.243/2015.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

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NC: 2026:KHC:35534 CRL.P No. 14358 of 2025

HC-KAR

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioners are before the Court calling in question rejection of an application seeking the discharge under Section 239 of the Crl.P.C.

2. Heard Smt. Anitha P., learned counsel appearing for the petitioners, Smt. Waheeda M.M., learned HCGP appearing for the respondent and have perused the material on record.

3. The matter dates back to 2013 when the crime comes to be registered. An application seeking discharge was preferred after the framing of the charges by the present petitioners and the concerned Court has taken about 7 years to decide the discharge application. The trial has now commenced.

4. Learned counsel appearing for the petitioners projects several lacunae in the conduct of proceedings.

5. In the light of the trial that has already commenced, there is no warrant of interference at this

4 - NC: 2026:KHC:35534 CRL.P No. 14358 of 2025

HC-KAR

juncture. The petitioners are at liberty to urge all the contentions before the concerned Court at the appropriate time.

6. It is needless to observe that the concerned Court will consider the same and pass necessary orders answering all the contentions of the petitioners.

7. In the light of the proceedings being of the year

2013, I deem it appropriate to direct the concerned Court to conclude the proceedings in Spl.C.C.No.243/2015 within an outer limit of four (4) months from the date of receipt of a copy of the order, if not earlier.

With the aforesaid observations, the petition stands disposed.

Sd/(M.NAGAPRASANNA) JUDGE

SJK

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