IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 13^TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945 CRL.MC NO. 2713 OF 2022 PETITIONER/PETITIONER/AQCCUSED:

AJAYAKUMAR AGED 46 YEARS SON OF MURALIDHARAN, PROPRIETOR OF KARUNYA PHARMA CARE, T.C. 1/2125(4), ENTHIVILA LANE, MURINJAPALAM, MEDICAL COLLEGE P.O, THIRUVANATHAPURAM., PIN - 695011 BY ADV ANWIN JOHN ANTONY RESPONDENT/RSPONDENT/STATE:

STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031 (REPRESENTING DRUG INSPECTOR, SPECIAL INTELLIGENCE BRANCH, OFFICE OF THE DRUG CONTROLLER, THIRUVANANTHAPURAM)

OTHER PRESENT:

GRASHIOUS KURIAKOSE, ADGP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J. --------------------------------

Crl.M.C. No.2713 of 2022 ----------------------------------------------

Dated this the 13^th day of September, 2023

ORDER

This Criminal Miscellaneous Case is filed to set aside Annexure-A5 order dated 01.04.2022 of the Additional Chief Judicial Magistrate, Thiruvananthapuram whereby a petition filed under Section 451 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity) is dismissed, which was filed to get custody of certain medicines which are prone to natural decay and expiry and to allow the petitioner to return them to the Company which supplied to the petitioner for the reimbursement of the bill amount pertaining to the above medicines. It is the case of the petitioner that the medicines are supplied by the In House Drug Bank, SAT Hospital, Medical College, Thiruvananthapuram. Aggrieved by the order, this criminal miscellaneous case is filed.

2. Heard the learned counsel for the petitioner and the learned Additional Director General of Prosecution.

3. It is conceded by both sides that In House Drug Bank, SAT Hospital, Medical College, Thiruvananthapuram was not a party before the trial court in the petition filed under Section 451 of the Code. In such circumstances, both sides submitted that the matter can be sent back for fresh consideration. The counsel for the petitioner submitted that the petitioner will implead In House Drug Bank.

4. Therefore, without expressing any opinion on merit, the impugned order can be set aside and there can be a direction to the lower court to reconsider the matter and the petitioner will implead In House Drug Bank, SAT Hospital, Medical College, Thiruvananthapuram, in the petition under Section 451 of the Code itself.

Therefore, this Criminal Miscellaneous Case is disposed of in the following manner.

1. Annexure-A5 is set aside.

2. The petitioner will implead the In House Drug Bank, SAT Hospital, Medical College, Thiruvananthapuram as additional respondent in the petition under Section 451 of the Code of Criminal Procedure and the Magistrate will issue notice to the additional respondent and thereafter will decide the matter in accordance with law, after giving an opportunity of hearing to the petitioner and all other affected parties, as expeditiously as possible, at any rate, within one month from the date on which the impleading petition is filed.

4. The petitioner is free to produce additional documents also before the lower court while considering the the petition under Section 451 of the Code of Criminal Procedure Code.

sd/-

P.V.KUNHIKRISHNAN JUDGE JV APPENDIX OF CRL.MC 2713/2022 PETITIONER ANNEXURES Annexure-A1 TRUE COPY OF CREDIT INVOICE DATED

07.02.2022 ISSUED BY THE IHBD-TVM TO THE PETITIONER'S FIRM Annexure-A2 TRUE COPY OF THE FORM 16 RECEIPT DATED

10.02.2022 ISSUED BY THE RESPONDENT TO THE PETITIONER.

Annexure-A3 TRUE COPY OF AFFIDAVIT ALONG WITH PETITION DATED 23.03.2022 FILED BY THE PETITIONER BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT-

THIRUVANANTHAPURAM Annexure-A4 TRUE COPY OF OBJECTION REPORT DATED

26.03.2022 FILED BY THE RESPONDENT BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT-THIRUVANANTHAPURAM Annex