Kerala HC disposed of Criminal Misc. No. 1264 of 2016 admitting petitioners' contentions regarding sample fitness, payment timing, and double jeopardy as grounds for trial.
Petition disposed with liberty to raise contentions during trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
TUESDAY, THE 22ND DAY OF MARCH 2016/2ND CHAITHRA, 1938
Crl.MC.No. 1264 of 2016 ()
CC. NO.1100/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MUTTAM, THODUPUZHA.
PETITIONERS/ACCUSED:
1. M/S. WEST -COAST PHARMACEUTICAL WORKS LTD., MELDI ESTATE, SAYONA CITY ROAD, GOTA, AHMEDABAD - 382 481, GUJARAT, INDIA.
2. KAMLESH CHANDRAKANTH PATEL, AGED 51 YEARS, S/O. CHANDRAKANT PATEL, RESIDING AT 3, NEW RAJDEEP SOCIETY MEMNAGAR, AHMEDABAD, GUJARAT, (MANAGING DIRECTOR OF A1 COMPANY).
3. RUPESH ASHOKBHAI DESAI, AGED 46 YEARS, RESIDING AT F/801, AASHWARI COMPLEX, BEHIND FUND REPUBLIC S.G. HIGHWAY, AHMEDABAD, GUJARAT, (DIRECTOR OF A1 COMPANY).
4. NARESH KACHRABHAI PATEL, AGED 61 YEARS, RESIDING AT 11, TIRTHNAGAR SOCIETY, NEAR SUN N STEP CLUB, SOLA ROAD, AHMEDABAD, GUJARAT, (DIRECTOR OF A1 COMPANY).
5. CHETAN DHIRESH SHAH, AGED 50 YEARS, RESIDING AT 9, PATHIK SOCIETY, NANRANPURA CHAR RATTA, AHMEDABAD - 380 013, GUJARAT, (DIRECTOR OF A1 COMPANY).
BY ADV. SRI.K.SUBASH CHANDRA BOSE.
RESPONDENT/STATE:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. THE DRUGS INSPECTOR, OFFICE OF THE DRUGS INSPECTOR, IDUKKI, KATTAPPANA-685 508.
BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
Crl.MC.No. 1264 of 2016
APPENDIX
PETITIONER'S ANNEXURES:-
| ANNEXURE I | CERTIFIED COPY OF THE COMPLAINT IN C.C. NO.1100/2015 AND THE DOCUMENTS BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THODUPUZHA, MUTTOM. |
|---|---|
| ANNEXURE II | CERTIFIED COPIES OF THE FINAL COMPLAINT FILED BEFORE THE COURT DATED 10/07/2015 AND 13/08/2015. |
| ANNEXURE III | COPY OF THE LETTER OF DIRECTION DATED 15/12/2012 ISSUED BY THE COMMISSIONER, FOODS AND DRUGS CONTROL ADMINISTRATION. |
| ANNEXURE IV | COPY OF THE EXPLANATION DATED 26/11/2012 SUBMITTED BEFORE THE COMMISSIONER. |
| ANNEXURE V | COPY OF THE ORDER NO.50563 OF THE COMMISSIONER. |
| ANNEXURE VI | COPY OF THE LETTER SENT BY THE 1ST PETITIONER THE CONTROLLER OF DRUGS DATED 13/02/2015. |
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
B. KEMAL PASHA, J.
................................................................ CRL.M.C. No. 1264 of 2016 ............................................................... Dated this the 22nd day of March, 2016
O R D E R
Heard the learned counsel for the petitioners and the learned Public Prosecutor.
which the petitioners could have applied for analysis, has become unfit for analysis by lapse of time on account of the failure of the concerned Inspector who had taken the sample. Another argument that has been forwarded is that at the time of purchase, the purchase price was not tendered within the meaning of Section 23 of the Drugs and Cosmetics Act. It is also argued that the prosecution is not maintainable when the Commissioner has suspended the licence of the petitioner for one day in respect of the same
CRL.M.C.No. 1264 of 2016
-: 2 :-
offence.
In the result, this Crl.M.C. is disposed of with liberty to
CRL.M.C.No. 1264 of 2016
-: 3 :-
the petitioners to take up all these contentions during trial.
As far as practicable, the court below shall grant exemption
to the petitioners from personal appearance before it, and
their personal appearance shall be insisted only on the posting dates on which their personal presence is actually required.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy] P.S. to Judge
3 issues framed by the court
Whether prosecution is maintainable when sample unfit for analysis due to lapse of time.
Whether purchase price non-payment at time of purchase renders prosecution void under Section 23.
Whether licence suspension for one day on same offence attracts double jeopardy.
2 provisions across 1 enactments
M/S. WEST -COAST PHARMACEUTICAL WORKS LTD & ORS.
STATE OF KERALA
B. KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
