IMPORTANT POINT
The main legal point established in the judgment is the limited scope of the court's jurisdiction under Section 482 of the CrPC and the need for a full trial to determine the genuineness of the material collected during the investigation.

ORDER :

1. RULE returnable forthwith. Learned APP waives service of notice of Rule for and on behalf of respondent No.1 – State of Gujarat. With the consent of learned Counsel appearing for respective parties, present petition is taken up for final hearing today.

2. By way of present petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “CrPC”), the petitioner has prayed to quash and set aside the proceedings of Criminal Case No.63 of 2024 pending before the learned Magistrate, Sanand arising out of charge-sheet filed in connection with FIR being CR No.11192015231106 of 2023 registered with Changodar Police Station, Ahmedabad (Rural) for the offences under Sections 67A, 65(e) and 81 of the Prohibition Act.

3. The brief facts necessary for adjudication of the present petition are as under:

3.1 Pursuant to a Janva Jog Entry No.39 of 2023 dated 07.08.2023, impugned FIR came to be filed on 25.11.2023 alleging that 55 bottles of ‘Sunindra Asav-Arishtha’ and 49 bottles of ‘Stone Heal Ayurvedic Proprietary Medicine’ were seized and sent for FSL analysis. The FSL report opines that bottles of ‘Sunindra Asav-Arishtha’ contain alcohol upto 14.48% and bottles of ‘Stone Heal Ayurvedic Proprietary Medicine’ contain alcohol upto 13.63%. It is further alleged that the accused persons were selling the aforesaid substance without any pass, permit or license.

3.2 After investigation, charge-sheet came to be filed for the offences under Sections 67(A), 65(e) and 81 of the Prohibition Act, wherein present petitioner is shown as accused No.2 i.e. the owner of M/s. AMB Pharma, which is into manufacturing of ‘Sunindra Asav-Arishtha’ and ‘Stone Heal Ayurvedic Proprietary Medicine’. It is the case of prosecution that though the percentage of alcohol in the aforesaid medicines was in excess than permissible limit and being prohibited in the State of Gujarat, the accused persons including the present petitioner, for the purpose of their personal monetary gain, have purchased, sold and marketed the aforesaid medicines and thereby committed breach of Sections 24(A) and 59(A) of the Gujarat Prohibition Act, 1949. It is in this regard that charge-sheet came to be filed which culminated into Criminal Case No.63 of 2024 and is pending before the learned Magistrate, Sanand.

Hence, the present petition.

4. Heard learned Senior Advocate Mr. I.H. Syed assisted by learned advocate Mr. A.A. Gupta for the petitioner and learned APP Mr. Manan Maheta for respondent No.1 – State of Gujarat.

5. Learned Senior Advocate Mr. I.H. Syed for the petitioner has submitted that the firm viz. M/s. AMB Pharma of the ownership of the petitioner has been given loan license by M/s Herboglobal Pharmaceuticals for manufacturing ‘Sunindra Asav- Arishtha’ and ‘Stone Heal Ayurvedic Proprietary Medicine’ by the Assistant Drugs Controller & Licensing Authority, Dadra & Nagar Haveli and these products are ayurvedic products which contain the upto 11 to 12% alcohol which is self-generated by the process of fermentation in accordance with Rule 168 of the Drugs & Cosmetics Rules, 1945 and for which the said license is issued under the Drugs & Cosmetics Act, 1940 read with the Rules framed thereunder. The sample from each batch of “Sunindra Asav Arishtha” No.SU 103 and “Stone Heal Ayurvedic Proprietary Medicine” Batch No.SH 303 were sent by the manufacturer for testing to Altra Analytics Laboratories for testing, which is one of the three Government Approved Laboratories, wherein it was noticed that alcohol limit below 12% is permissible and hence, there is no offence. Though on the same set of facts, the offence is registered by the Changodar Police Station, Ahmedabad for the offence under Sections 67(A), 65(e) and 81 of the Gujarat Prohibition Act. Initially, Janva Jog Entry No.39/2023 came to be registered with regard to the Batch Nos.SU 103 and SH 303. The said samples were seized and sent to FSL for report and one sample was kept reserved for the Food and Drugs Department.

5.