State Of Kerala Represented By The Drugs ... vs M/S Mann Pharmaceuticals Pvt Limitted
2024 Latest Caselaw 14651 Ker

Kerala High Court

State Of Kerala Represented By The Drugs ... vs M/S Mann Pharmaceuticals Pvt Limitted on 31 May, 2024

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
 FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                CRL.L.P. NO. 150 OF 2024
AGAINST THE JUDGMENT DATED 10.01.2024 IN ST NO.1361 OF
2011 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS - I,
ETTUMANOOR
PETITIONER/COMPLAINANT:

         STATE OF KERALA REPRESENTED BY THE DRUGS
         INSPECTOR, KOTTAYAM, THROUGH PUBLIC PROSECUTOR,
         STATE OF KERALA,
         HIGH COURT OF KERALA,ERNAKULAM,
         PIN - 682031
         BY ADV.
         PUBLIC PROSECUTOR


RESPONDENTS/ACCUSED 1&2:

    1    M/S.MANN PHARMACEUTICALS PVT LIMITTED
         PLOT NO,1,GIDC,PHASE-II,MODHERA ROAD,MEHSANA
         DISTRICT,MEHSANA,GUJARATH STATE,REPRESENTED BY
         LALUBHAI MALJIBHAI DESAI,DIRECTOR, PIN - 384002
    2    LALUBHAI MALJIBHAI DESAI
         9,RAJNAGAR SOCIETY JAIL ROAD, MEHSANA,
         PIN - 384002


         SMT.SHEEBA THOMAS - PUBLIC PROSECUTOR


     THIS CRIMINAL LEAVE PETITION HAVING COME UP FOR
ADMISSION ON 31.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
                                2
CRL.L.P. NO. 150 OF 2024

                    P.G. AJITHKUMAR, J.
     -----------------------------------------------------
                   Crl.L.P.No.150 of 2024
     ------------------------------------------------------
           Dated this the 31st day of May, 2024


                             ORDER

Heard the learned counsel for the petitioner and the

learned Public Prosecutor.

Holding that the statutory prescription in regard to the

initiation of proceedings were not duly complied with and also

on the ground of lack of evidence, acquittal was recorded.

I am of the view that there are sufficient grounds to impugn

the judgment in an appeal.

Leave granted. Petition stands allowed.

Sd/-

P.G. AJITHKUMAR, JUDGE

PV