M/S. Bharat Paranterals Ltd vs State Of Kerala
2023 Latest Caselaw 12740 Ker

Citation : 2023 Latest Caselaw 12740 Ker
Judgement Date : 8 December, 2023

Kerala High Court

M/S. Bharat Paranterals Ltd vs State Of Kerala on 8 December, 2023

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA,
                            1945
                  CRL.MC NO. 1398 OF 2022
   AGAINST THE ORDER/JUDGMENT ST 183/2018 OF JUDICIAL
        MAGISTRATE OF FIRST CLASS -II,PERINTHALMANNA
PETITIONERS/ACCUSED:

    1     M/S. BHARAT PARANTERALS LTD.
          SURVEY NO.144 AND 146, JAROD, SAMIYA ROAD,
          HARIPURA VILLAGE, SAVLI TALUKA, VADODARA
          DISTRICT, GUJARAT. REPRESENTED BY ITS MANAGING
          DIRECTOR, BHARAT R. DESAI, S/O. RAMACHANDRA
          DESAI, AGED 57 YEARS,10/A, RANCHOD PARK CO-
          OPERATIVE SOCIETY, VIP ROAD, AMIT NAGAR CIRCLE,
          HARNI, VADODARA, GUJARAT.,
          PIN - 390019
    2     BHARAT R. DESAI
          S/O. RAMACHANDRA DESAI, AGED 57 YEARS,10/A,
          RANCHOD PARK CO-OPERATIVE SOCIETY, VIP ROAD,
          AMIT NAGAR CIRCLE, HARNI, VADODARA, GUJARAT.,
          PIN - 390019
    3     HEMANG J SHAH
          S/O. JAYEBDRABHAI SHAH, AGED 52 YEARS, 27,
          PARITOSH SOCIETY, MAHAVIR CHAR RASTA, B/H,
          PRAHAR COMPLEX, HARNI, VADODARA, GUJARAT., PIN
          - 390019
          BY ADVS.
          T.D.SUSMITH KUMAR
          C.SIVADAS
          T.O.DEEPA


RESPONDENTS/STATE/COMPLAINANT:

    1     STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
          COURT OF KERALA, ERNAKULAM., PIN - 682031
 Crl.M.C.No.1398/2022
                                ..2..


     2      DRUG INSPECTOR
            OFFICE OF THE ASSISTANT DRUG CONTROLLER, CIVIL
            STATION, KOZHIKODE., PIN - 673020
            BY ADVS.
            ADVOCATE GENERAL OFFICE KERALA
            ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)

            SRI GRASHIOUS KURIAKOSE, ADGP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.12.2023,      THE   COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
 Crl.M.C.No.1398/2022
                                 ..3..



                 P.V.KUNHIKRISHNAN, JUDGE
             =========================
                   Crl.M.C.No.1398 of 2022
            ==========================
           Dated this the 8th day of December, 2023

                               ORDER

This Criminal Miscellaneous Case is filed with the

following prayer:

"On the aforesaid grounds and such other grounds to be urged during the hearing, it is respectfully prayed that this Hon'ble Court may be pleased to quash Annexure A-2, the Complaint in ST No.183 of 2018 on the file of the Judicial First Class Magistrate-II, Perinthalmanna, and all further proceedings thereof. And also pass any other order or orders which are deemed fit and proper in the facts and circumstances of the case."

2. S.T.No.183/2018 pending before Judicial First Class

Magistrate Court-II, Perinthalmanna, is initiated alleging

offences under the provisions of Drugs and Cosmetic Act,

1940. One of the contention raised by the petitioners is that

the complaint is filed after the period mentioned in Section 468

CrPC. This Court directed the Registry to get a report for the

same. A report is submitted by the learned Magistrate. It will

..4..

be better to extract the same:

"On perusal of the case records in ST 183/18, it is seen that the complaint as well as the delay condonation petition (CMP 359/18) were filed on 08-08-2018 before my predecessor's predecessor in office. I may further submit that even though the complaint was taken on file as the above number, no order is seen passed in the delay ondonation petition. I may most humbly submit that I took charge in this court on 0-06-2021 and that I had opportnity to consider this matter only after post cognizance stage and within a short time thereafter it was submitted that matter has been stayed by Hon'ble High Court. The above facts are most humbly submitted for kind consideration."

3. From the above, it is clear that the learned

Magistrate taken on file the complaint without passing orders

in the Delay Condonation Petition. Admittedly, there is a delay.

If that is the case, taking congnizance of the offence without

passing orders in the Delay Condonation Petition is illegal.

Therefore, taking congnizance of the offence on the complaint

can be set aside and there can be a direction to reconsider the

matter. The learned Magistrate will consider the Delay

Condonation Petition first with notice to the petitioners and

thereafter, decide whether the case is to be taken on file.

..5..

Therefore this Criminal Miscellaneous Case is disposed of

with the following direction:

The order taking cognizance of the offence based on

Annexure A2 complaint is set aside. The Judicial First Class

Magistrate Court II, Perinthalmanna, is directed to consider the

petition filed to condone the delay, which is filed along with the

complaint first with notice to the petitioner and thereafter, will

decide whether Annexure A2 complaint is to be taken on file or

not. While deciding the matter, the learned Magistrate will

consider Section 473 CrPC also.

Sd/-

P.V.KUNHIKRISHNAN JUDGE ACR

..6..

PETITIONER ANNEXURES Annexure A-1 CERTIFIED COPY OF THE MAHAZAR DATED 23-09- 2013 PREPARED BY THE COMPLAINANT. Annexure A-2 CERTIFIED COPY OF THE COMPLAINT IN ST NO.183 OF 2018 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE-II, PERINTHALMANNA. Annexure A-3 A TRUE COPY OF LETTER NO. NO. L-

1949/2014/DC DATED 04-03-2016 ISSUED BY THE DRUG INSPECTOR(SPECIAL INTELLIGENCE BRANCH).

Annexure A-4 A TRUE COPY OF THE LETTER DATED 16-03-2016 ADDRESSED TO DRUG INSPECTOR(SIB). Annexure A-5 A TRUE COPY OF THE LETTER DATED 17-01-2012 ADDRESSED TO THE COMMISSIONER, FOOD & DRUGS CONTROL ADMINISTRATION, GANDHINAGAR. Annexure A-6 A TRUE COPY OF THE DEVIATION REQUEST FORM DATED 01-01-2012 PERTAINING TO BATCH NO. BPIFL 0035.