High Court of KeralaSingle Judge2020-02-26Criminal M.Cs disposed of; remanded for fresh c...

Criminal Misc. Cases Nos. 1754 of 2018 and 2536 of 2018: Zee Laboratories & Rajiv Mukul v. Drugs Inspector, Pathanamthitta & State of Kerala

Case / Petition Number:Crl.MC 1754/2018; Crl.MC 2536/2018

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Ashok Menon
Judgment Date: 2020-02-26
Court Decision / Holding: The orders issuing process in CC No.15/2016 (Pathanamthitta) and CC No.356/2014 (Kannur) are set aside; the non-bailable warrants against the petitioners are quashed; the matters are remanded to the respective trial courts for fresh consideration in accordance with law, after compliance with Section 202(1) Cr.PC.
Final Disposition: Criminal M.Cs disposed of; remanded for fresh compliance with Section 202(1) Cr.PC; quashing of warrants; sets aside previous orders.

Parties to the Case

Appellants / Petitioners

M/S. Zee Laboratories
Rajiv Mukul

Respondents

The Drugs Inspector Office of the Drugs Inspector, Pathanamthitta
State of Kerala represented by the Public Prosecutor, High Court of Kerala, Ernakulam

Legal Representation & Advocates

Counsels for Petitioners

• Sri. P.V. Anoop

Counsels for Respondents

• Sri. Bineesh, PP
• Addl. Director General of Prosecution

Case Synopsis & Summary

These Criminal Miscellaneous Cases challenge the legality of proceedings initiated against Zee Laboratories and Rajiv Mukul in two separate criminal cases, contending that the Magistrates erred in issuing process without an inquiry as required by Section 202(1) Cr.PC. The Kerala High Court, in a combined order, notes that the central issue is noncompliance with Section 202(1), which mandates an inquiry before a magistrate can issue process. The court references a Supreme Court decision in Birla Corporation Ltd. v. Adventz Investments and Holdings Ltd. and Others (as reflected in the 2019 Kerala High Court ruling) holding that compliance with Section 202(1) Cr.PC is mandatory. Following this line of authority, this Court previously set aside orders issuing process in related petitions and remanded the cases for fresh consideration after ensuring compliance. On hearing, the court, along with the Public Prosecutor and counsel for petitioners, discussed, and ultimately concluded that the orders issuing process must be set aside, and the non-bailable warrants issued against the petitioners quashed. CC No.15/2016 (Pathanamthitta) and CC No.356/2014 (Kannur) are remanded to the respective courts for fresh consideration, in accordance with law, after compliance with Section 202(1) Cr.PC. The court left other contentions open for consideration. The decision thus emphasizes procedural correctness over expediency and underscores that the legitimacy of process depends on substantial compliance with statutory inquiry requirements.

Provisions of Law Cited

Section 202(1) Cr.PCSection 482 Cr.PC

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the proceedings against them should be quashed under Section 482 Cr.PC for noncompliance with Section 202(1) Cr.PC, i.e., the Magistrate failed to conduct an inquiry before issuing process. They rely on the Supreme Court's reference in Birla Corporation Ltd. v. Adventz Investments and Holdings Ltd. and Others, as reflected in the 2019 Kerala High Court ruling, establishing mandatory compliance with Section 202(1), and on this Court's earlier orders remanding similar matters after setting aside process in common orders dated 04.02.2020, seeking quashing and remand for proper procedure.

Contentions of Respondents

The respondents oppose quashing and urge that the petitioners' cases be processed in accordance with law; they contend the question of compliance with Section 202(1) should be addressed. They rely on statutory provisions and earlier orders to support the need for proper inquiry under Section 202(1) and the continuity of proceedings; the record shows opposition to quashing orders.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Birla Corporation Ltd. and Another v. Adventz Investments and Holdings Ltd. and Others	2019 KHC 6559	Positive	The judgment states that compliance of Section 202(1) Cr.PC is mandatory, which supports the petitioners' argument and justifies remand for compliance.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ASHOK MENON** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **Crl.MC.No.1754 OF 2018** **AGAINST THE ORDER/JUDGMENT IN CC 15/2016 OF CHIEF JUDICIAL MAGISTRATE PATHANAMTHITTA** ## **PETITIONERS/ACCUSED 1 & 2:** - **1 M/S. ZEE LABORATORIES 47, INDUSTRIAL AREA, PAONTA SAHIB, HIMACHAL PRADESH173025, REPRESENTED BY SRI. RAJIV MUKUL, AGED 52 YEARS, S/O S.H JAGADEEP CHAND, RESIDING AT 251-OLD HOUSING COLONY, KARNAL, HARYANA-132001.** - **2 RAJIV MUKUL** - **AGED 52 YEARS, S/O S.H JAGADEEP CHAND,RESIDING AT 251-OLD HOUSING BOARD COLONY, KARNAL, HARYANA-132001.** ## **BY ADV. SRI.P.V.ANOOP** ## **RESPONDENTS/COMPLAINANT & STATE:** - **1 THE DRUGS INSPECTOR OFFICE OF THE DRUGS INSPECTOR, PATHANAMTHITTA, PIN689654.** - **2 STATE OF KERALA** **REP. BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM-PIN-682031.** ## **R1 BY SRI.BINEESH, PP** **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH Crl.MC.2536/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.MC 1754 & 2536/2018 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ASHOK MENON** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941** ## **Crl.MC.No.2536 OF 2018** **AGAINST THE ORDER/JUDGMENT IN CC 356/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, KANNUR** ## **PETITIONERS/ACCUSED 1 & 2:** **1 M/S. ZEE LABORATORIES 47, INDUSTRIAL AREA, PAONTA SAHIB173025,REPRESENTED BY SRI.RAJIVE MUKUL, AGED 51 YEARS, S/O.JAGADEEP CHAND, RESIDING AT 251-OLD HOUSING BOARD COLONY, KARNAL, HIMACHAL PRADESH. 2 RAJIVE MUKUL AGED 51 YEARS, S/O.JAGADEEP CHAND, RESIDING AT 251OLD HOUSING BOARD COLONY, KARNAL, HIMACHAL PRADESH.** ## **BY ADV. SRI.P.V.ANOOP** ## **RESPONDENTS/COMPLAINANT & STATE:** - **1 DRUG INSPECTOR, OFFICE OF THE ASSISTANT DRUG CONTROLLER, KANNUR, PIN - 670 001.** - **2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.** ## **R1 BY ADDL.DIRECTOR GENERAL OF PROSECUTION** ## **OTHER PRESENT:** **SRI BINEESH -P P** **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 26.02.2020, ALONG WITH Crl.MC.1754/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.MC 1754 & 2536/2018 3 ## **COMMON ORDER** ## **[ Crl.MC.1754/2018, Crl.MC.2536/2018 ] Dated this the 26th day of February 2020** The very same petitioners, a pharmaceutical firm represented by its Managing partner and one of its partners, are before this Court with these Criminal M.Cs. seeking to quash entire proceedings in CC No.15/2016 on the files of the Chief Judicial Magistrate's Court, Pathanamthitta and CC No.356/2014 on the files of the Judicial First Class Magistrate's Court-I, Kannur, respectively, under Section 482 Cr.PC. 2. Although many contentions have been raised by the petitioners herein to quash the entire proceedings under Section 482 Cr.PC; the main focus with which this Court is presently concerned with is noncompliance of Section 202(1) Cr.PC, which indicates that the learned Magistrate while exercising his jurisdiction is incumbent upon to conduct an inquiry before he decides to issue process. 3. The Honourable Supreme Court has in Birla Corporation Ltd. and Another v. Adventz Investments Crl.MC 1754 & 2536/2018 4 and Holdings Ltd. and Others [2019 KHC 6559] held that compliance of Section 202(1) Cr.PC is mandatory. Following the aforesaid decision, this Court has as per common order dated 04.02.2020 in Crl.MC Nos.7721 & 8832 of 2016 and Crl.MC Nos.650, 2301 & 4337 of 2017 filed by the very same petitioners herein, set aside the orders issuing process and quashed non bailable warrants and remanded the matter back to the court below. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. In view of the above, it is ordered that the orders issuing process in these cases would stand set aside and the non bailable warrant issued against the petitioners herein quashed. CC No.15/2016 on the files of the Chief Judicial Magistrate's Court, Pathanamthitta and CC No.356/2014 on the files of the Judicial First Class Magistrate's Court-I, Kannur, respectively, are remanded back to the concerned learned Magistrate for fresh consideration in accordance with law, after complying with the provisions under Section 202(1) Cr.PC. This Court is leaving all the other contentions raised by the Crl.MC 1754 & 2536/2018 5 petitioners open. These Criminal M.Cs. are disposed of as above. ## **Sd/-** **ASHOK MENON** **JUDGE** jg Crl.MC 1754 & 2536/2018 6 ## **APPENDIX OF Crl.MC 1754/2018** **PETITIONER'S/S EXHIBITS:** ## **ANNEXURE A** **TRUE COPY OF THE COMPLAINT FILED BY THE 1ST RESPONDENT AGAINST THE PETITIONERS WHICH IS NOW PENDING AS C.C NO.15/2016 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA.** **ANNEXURE B TRUE COPY OF THE CERTIFICATE OF TEST OR ANALYSIS IN FROM 13 BEARING NO.SW/3019/12/DTL DATED 07.02.2013 OF THE GOVERNMENT ANALYST.** - **ANNEXURE C TRUE COPY OF THE IN-HOUSE LABORATORY REPORT OF THE DRUG RB-CARE CONTAINING RABEPROZOLE SODIUM TABLETS, BATCH NO.ZT6613 MANUFACTURING DATE 3/12, EXPIRE DATED 8/13.** - **ANNEXURE D TRUE COPY OF THE GAZETTE NOTIFICATION DATED 19.11.2001 PUBLISHED IN KERALA GAZETTE DATED 20.12.2001 WHICH IS PRODUCED ALONG WITH ANNEXURE A COMPLAINT DOCUMENT NO.1** - **ANNEXURE E TRUE COPY OF THE PARTNERSHIP DEED DATED 06.09.2004 WHICH IS PRODUCED ALONG WITH ANNEXURE A COMPLAINT AS DOCUMENT NO.20.** - **ANNEXURE F TRUE COPY OF THE SUPPLEMENTARY PARTNERSHIP DEED DATED 01.04.2006 WHICH IS PRODUCED ALONG WITH ANNEXURE A COMPLAINT AS DOCUMENT NO.20.** - **ANNEXURE G TRUE COPY OF THE LICENCE NO.MNB/05/115 DATED 06.04.2005 VALID UPTO 05.04.2010 FOR MANUFACTURING ISSUED IN FORM 25 (PRODUCED AS DOCUMENT NO.20 IN THE COMPLAINT.** Crl.MC 1754 & 2536/2018 7 ## **ANNEXURE H** **TRUE COPY OF THE CERTIFICATE OF RENEWAL OF LICENCE TO MANUFACTURE FROM 06.04.2010 TO 05.04.2015 (PRODUCED AS DOCUMENT NO.20 IN THE COMPLAINT)** **ANNEXURE I TRUE COPY OF THE SUPPLEMENTARY PARTNERSHIP DEED DATED 10.01.2014.** **ANNEXURE J** **A COPY OF THE UNDERTAKING/AFFIDAVIT OF MR. AMIT KUMAR SRIVASTAVA DATED 21.5.2014.** - **ANNEXURE K TRUE COPY OF THE UNDERTAKING/AFFIDAVIT OF MR. ANURAG PANDEY DATED 22.01.2013.** - **ANNEXURE L TRUE COPY OF THE UNDERTAKING/AFFIDAVIT OF MR.LALIT MAKKAR DATED 01.04.2010.** - **ANNEXURE M TRUE COPY OF THE LABORATORY NO.1479/12 DATED 07.02.2013.** - **ANNEXURE N TRUE COPY OF THE SPECIFIC TEST/ANALYSIS PRESCRIBED IN OFFICIAL PHARMACOPOEIA AS FAR WAS THE TEST FOR 'DISSOLUTION, RELATED SUBSTANCES AND ASSAY FOR RABEPRAZOLE SODIUM TABLET-IP RB-CARE'** **ANNEXURE O TRUE COPY OF THE RELEVANT PAGES OF THE TENDER CONDITIONS FOR THE PROCUREMENT OF DRUGS OF THE KMSCL.** **ANNEXURE P TRUE COPY OF THE ENVELOPE "RB CARE TABLETS.** Crl.MC 1754 & 2536/2018 8 ## **APPENDIX OF Crl.MC 2536/2018** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE A CERTIFIED COPY OF THE COMPLAINT FILED BY THE 1ST RESPONDENT DATED 27-08-2013 WHICH IS NOW PENDING AS C.C.NO.356/2014 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE-I, KANNUR.** **ANNEXURE B TRUE COPY OF THE SUPPLEMENTARY PARTNERSHIP DEED DATED 6.9.2004 WHICH IS PRODUCED ALONG WITH ANNEXURE A COMPLAINT. ANNEXURE C CERTIFIED COPY OF THE SUPPLEMENTARY PARTNERSHIP DEED DATED 01.04.2006 WHICH IS PRODUCED ALONG WITH ANNEXURE-A COMPLAINT. ANNEXURE D TRUE COPY OF THE POWER OF ATTORNEY DATED 24-01-2011 WHICH IS PRODUCED ALONG WITH ANNEXURE A COMPLAINT. ANNEXURE E A COPY OF THE LICENCE FOR MANUFACTURING ISSUED IN FORM 25, FORM 28 WITH THE LIST OF PRODUCTS TO BE MANUFACTURED FOR THE PERIOD FROM 06-04-2005 TO 05-04-2010 TO THE 1ST PETITIONER.** **ANNEXURE F TRUE COPY OF THE CERTIFICATE OF RENEWAL OF LICENCE TO MANUFACTURE FROM 06-04-2010 TO O5-04-2015. ANNEXURE G A COPY OF THE UNDERTAKING/AFFIDAVIT OF MR.AMIT KUMAR SRIVASTAVA DATED 21-05-2014. ANNEXURE H TRUE COPY OF UNDERTAKING/AFFIDAVIT OF MR.ANURAG PANDEY DATED 22-01-2013. ANNEXURE I TRUE COPY OF UNDERTAKING/AFFIDAVIT OF MR.LALIT MAKKAR DATED 01-04-2010. ANNEXURE J TRUE COPY OF THE CERTIFICATE OF TEST OR ANALYSIS BY GOVERNMENT ANALYST IN FORM NO.13-SW2635/12/DTL DATED 21-01-2013.** Crl.MC 1754 & 2536/2018 9 **PRESCRIBED IN OFFICIAL PHARMACOPOEIA AS FAR WAS THE BEST FOR DISSOLUTION, RELATED SUBSTANCES AND ASSAY FOR 'RABEPRAZOLE SODIUM'.** **ANNEXURE L TRUE COPY OF THE RELEVANT PAGES OF THE TENDER CONDITIONS FOR THE PROCUREMENT OF DRUGS FOR THE YEARS 2012-2013 OF THE KMSCL. ANNEXURE M TRUE COPY OF THE CERTIFICATE OF ANALYSIS IN ZEE LABORATORIES DATED 14-03-2012 OF BATCH NO.ZT 6614 OF DRUG RB CARE TABLETS. ANNEXURE N TRUE COPY OF THE ENVELOPE "RB CARE TABLETS.**