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2023 Supreme(Online)(KER) 21963

HIGH COURT OF KERALA
CAN INDICA PVT LTD – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC 1418 2023



Advocates:
BASIL CHANDY VAVACHAN CHARUTHA BHAIJU GEORGIE SIMON CHANDHANA BHAIJU BASIL SAJAN RAKESH KRISHNAN A.R.

The legal principle upheld is that petitioners retain the right to challenge a final police report, even after summary proceedings.

Headnote:

Quash - Criminal Proceedings - Crime Investigation - Sections List - The court addressed the validity of multiple criminal complaints, ultimately reasoning that since a final report had been filed, the right to challenge it would remain, and thus the petitions were closed.

Fact of the Case:

Multiple petitions were filed to quash various criminal proceedings initiated by the Ernakulam Central Police Station.

Issues: The central issue was whether the petitions to quash the criminal case could proceed given the submission of a final report in the relevant jurisdiction.

Ratio Decidendi: The court concluded that with the submission of a final report, the process of review should respect the procedural rights of the petitioners, who may contest the findings subsequently.

Final Decision: The petitions are closed with the right reserved to challenge the final report.

ORDER

[Crl.MC Nos.1409/2023, 1361/2023, 1388/2023, 1390/2023, 1392/2023, 1398/2023, 1408/2023, 1418/2023, 1419/2023, 1431/2023, 1488/2023, 1493/2023]

These petitions are filed seeking to quash Crime Nos.469, 466, 473, 480, 474, 472, 468, 467, 482, 481, 487, 486 of 2022 of the Ernakulam Central Police Station.

When the matter was taken up for consideration, the learned Senior Public Prosecutor on instructions submits that the final report has been submitted before the court having jurisdiction.

In that view of the matter, reserving the right of the petitioner to challenge the final report, these petitions are closed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE Sru APPENDIX OF CRL.MC 1361/2023

466/2022 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM CITY.

Annexure-2 THE TRUE COPY OF SEIZURE , MAHAZER IN CRIME NO. 466/2022 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM CITY.

Annexure-3 THE TRUE COPY OF LICENCE DATED 31/05/2022 ISSUED BY THE LICENSING AUTHORITY (OFFICE OF THE DRUG CONTROLLER (AYUSH) MADHYA PRADESH.

Annexure- 4 THE TRUE COPY OF GRANT OF MANUFACTURING LICENCE NO.1313-ISM (HR) DATED 10/03/2022 ISSUED BY STATE LICENSING AUTHORITY (ASU), DIRECTORATE OF AYUSH HARYANA FOR MANUFACTURING AND SALE OF AYURVEDA/UNANI/

SIDDHA MEDICINE.

Annexure-5 THE TRUE COPY OF LETTER ISSUED BY STATE LICENCING AUTHORITY (ASU), DIRECTORATE OF AYUSH HARYANA TO NARCOTIC COMMISSIONER OF APPENDIX OF CRL.MC 1388/2023

473/2022 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM CITY Annexure-2 THE TRUE COPY OF SEIZURE MAHAZER IN CRIME NO.

473/2022 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM CITY Annexure-3 THE TRUE COPY OF LICENCE DATED 31/05/2022 ISSUED BY THE LICENSING AUTHORITY (OFFICE OF THE DRUG CONTROLLER (AYUSH) MADHYA PRADESH Annexure-4 THE TRUE COPY OF GRANT OF MANUFACTURING LICENCE NO. 1313-ISM (HR) DATED 10/03/2022 ISSUED BYSTATE LICENCING AUTHORITY (ASU), DIRECTORATE OF AYUSH HARYANA FOR MANUFACTURING AND SALE OF AYURVEDA/UNANI/

SIDDHA MEDICINE Annexure5 THE TRUE COPY OF LETTER ISSUED BY STATE LICENCING AUTHORITY (ASU), DIRECTORATE OF AYUSH HARYANA TO NARCOTIC COMMISSIONER OF APPENDIX OF CRL.MC 1390/2023

480/2022 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM CITY Annexure-2 THE TRUE COPY OF SEIZURE MAHAZER IN CRIME NO.

480/2022 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM CITY Annexure-3 THE TRUE COPY OF LICENCE DATED 31/05/2022 ISSUED BY THE LICENSING AUTHORITY (OFFICE OF THE DRUG CONTROLLER (AYUSH) MADHYA PRADESH Annexure-4 THE TRUE COPY OF GRANT OF MANUFACTURING LICENCE NO. 1313-ISM (HR) DATED 10/03/2022 ISSUED BY STATE LICENCING AUTHORITY (ASU), DIRECTORATE OFAYUSH HARYANA FOR MANUFACTURING AND SALE OF AYURVEDA/UNANI/ SIDDHA MEDICINE Annexure-5 THE TRUE COPY OF LETTER ISSUED BY STATE LICENCING AUTHORITY (ASU), DIRECTORATE OF AYUSH HARYANA TO NARCOTIC COMMISSIONER OF APPENDIX OF CRL.MC 1392/2023

474/2022 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM CITY Annexure-2 THE TRUE COPY OF SEIZURE MAHAZER IN CRIME NO.

474/2022 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM CITY Annexure-3 THE TRUE COPY OF LICENCE DATED 31/05/2022 ISSUED BY THE LICENSING AUTHORITY (OFFICE OF THE DRUG CONTROLLER (AYUSH) MADHYA PRADESH Annexure-4 THE TRUE COPY OF GRANT OF MANUFACTURING LICENCE NO.1313-ISM (HR) DATED 10/03/2022 ISSUED BY STATE LICENCING AUTHORITY (ASU), DIRECTORATE OF AYUSH HARYANA FOR MANUFACTURING AND SALE OF AYURVEDA/UNANI/

SIDDHA MEDICINE Annexure5 THE TRUE COPY OF LETTER ISSUED BY STATE LICENCING AUTHORITY (ASU), DIRECTORATE OF AYUSH HARYANA TO NARCOTIC COMMISSIONER OF APPENDIX OF CRL.MC 1398/2023

472/2022 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM CITY Annexure-2 THE TRUE COPY OF SEIZURE MAHAZER IN CRIME NO.

472/2022 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM CITY Annexure-3 THE TRUE COPY OF LICENCE DATED 31/05/2022 ISSUED BY THE LICENSING AUTHORITY (OFFICE OF THE DRUG CONTROLLER (AYUSH) MADHYA PRADESH Annexure-4 THE TRUE COPY OF GRANT OF MANUFACTURING LICENCE NO. 1313-ISM (HR) DATED 10/03/2022 ISSUED BY STATE LICENSING AUTHORITY (ASU), DIRECTORATE OF AYUSH HARYA

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