Dismissed

M/S. Biogenetic Drugs Pvt.Ltd., v. Union of India

Kerala HC5 Nov 2020Crl.MC/6447/2019

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a criminal miscellaneous petition seeking to quash drug proceedings under Section 482 Cr.P.C. The court held the application was a misuse of process, ruling that non-compliance with guidelines does not justify quashing without exhausting remedies at the trial court level.

What did the court decide?

The criminal miscellaneous application seeking to quash proceedings under Section 482 Cr.P.C was dismissed.

M/S. Biogenetic Drugs Pvt.Ltd., Vs Union of India — Quashing and FIR | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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THURSDAY, THE 05TH DAY OF NOVEMBER 2020 / 14TH KARTHIKA, 1942

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Crl.MC.No.6447 OF 2019(E)

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AGAINST THE ORDER/JUDGMENT IN ST 343/2018 OF CHIEF JUDICIAL MAGISTRATE ,KOLLAM

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PETITIONERS/ ACCUSED:

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1 M/S. BIOGENETIC DRUGS PVT.LTD., JHARMAZRI, BADDI 174103, DIST. SOLAN, HIMACHAL PRADESH.

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2 MUKUT BIHARI GOYAL, S/O.LATE SH.G.D.GOYAL, DIRECTOR, M/S.BIOGENETIC DRUGS PVT.LTD., RESIDING AT 66, MATHUR VAISH NAGAR, TANK ROAD, JAIPUR.

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3 VIBHOR GOYAL, DIRECTOR, M/S.BIOGENETIC DRUGS PVT.LTD., JHARMAZRI, BADDI - 174 103, DIST. SOLAN, HIMACHAL PRADESH.

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4 UPESH YADAV, DIRECTOR, M/S.BIOGENETIC DRUGS PVT.LTD., JHARMAZRI, BADDI 174103, DIST.SOLAN, HIMACHAL PRADESH.

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BY ADVS. SRI.JOSEPH KODIANTHARA (SR.) SRI.ABRAHAM JOSEPH MARKOS SRI.ISAAC THOMAS SHRI.ALEXANDER JOSEPH MARKOS SHRI.SHARAD JOSEPH KODANTHARA

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RESPONDENTS/COMPLAINANT & STATE:

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1 UNION OF INDIA, REP. BY DRUGS INSPECTOR, OFFICE OF DEPUTY DRUGS CONTROLLER (INDIA), CENTRAL DRUGS STANDARD CONTROL ORGANIZATION, SOUTH ZONE, 2ND FLOOR, SHASTRI BHAWAN ANNEXE, CHENNAI - 600 006.

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2 STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT BUILDINGS, ERNAKULAM - 682 031. R1 BY SRI.GIRISH KUMAR.V., CGC R2 BY ADDL.DIRECTOR GENERAL OF PROSECUTION R2 BY ADV.SRI.E.C.BINEESH, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.6447 OF 2019(E)

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ORDER

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The accused Nos.1 to 4 came up to quash the proceedings in S.T.No.343/2008 of the CJM Court, Kollam on the ground that there is non-compliance of guidelines in obtaining a lab report. A crime was registered alleging offence under Section 18(a)(1) of Drugs and Cosmetics Act, 1940 on the ground that paracetamol IP 500 drug supplied found to be not of the standard quality. It is alleged that the sample collected was sent for analysis to Central Drugs Laboratory through Court without giving an opportunity to the petitioner to check its storage condition. It is also alleged that in the first test, the Government analysis, concluded

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that the sample was not of standard quality. The report is so vague and faulty, it is alleged. On the said ground, the petitioner came up to quash the entire proceedings under Section 482 Cr.P.C, that too, without any satisfactory reason to

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exhaust the remedy thereunder. The present

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Crl.MC.No.6447 OF 2019(E)

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application is really a misuse of the process of the court. Existence of valid defence may not be a sufficient ground to exhaust Section 482 Cr.P.C and this Court cannot usurp the powers of the trial court or appellate court to decide and adjudicate the dispute based on the defence raised. The Crl.M.C. is hence dismissed.

Sd/-

P.SOMARAJAN

JUDGE

SPV

Crl.MC.No.6447 OF 2019(E)

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APPENDIX

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PETITIONERS' EXHIBITS:

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ANNEXURE A CERTIFIED COPY OF THE COMPLAINT IN S.T.NO.343 OF 2018 DATED 09/11/2018 FILED UNDER SECTIONS 18(A)(I) READ WITH SECTION 27(D) OF THE DRUGS AND COSMETICS ACT, 1940, ALONG WITH ANNEXURES.

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ANNEXURE B TRUE COPY OF THE 'GUIDELINES FOR TAKING ACTION ON SAMPLES OF DRUGS DECLARED SPURIOUS OR NOT OF STANDARD QUALITY UNDER THE DRUGS AND COSMETICS (AMENDMENT) ACT, 2008.

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//TRUE COPY// PA TO JUDGE

M/S. Biogenetic Drugs Pvt.Ltd., v. Union of India

Case brief

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M/S. Biogenetic Drugs Pvt.Ltd., v. Union of India

Case brief

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