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HIGH COURT OF KERALA
CAN INDICA PVT LTD – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC 1388 2023
Quash - Criminal Petitions - - The court acknowledged the submission of the final report and closed the petitions while leaving the petitioner's right to challenge the report.
Fact of the Case:
Multiple petitions were filed to quash various crime numbers registered by the local police involving allegations related to the manufacture and sale of Ayurvedic medicines.
Finding of the Court:
The court noted that the final report was submitted, thus rendering the petitions moot, but reserved the petitioner's right to contest the report at a later stage.
Issues: The primary issue addressed was whether the petitions seeking to quash several criminal cases should be entertained given that a final report had already been submitted.
Ratio Decidendi: The court decided that the submission of the final report negated the need for the petitions to proceed, yet preserved the petitioners' right to dispute the findings in the report.
Final Decision: The petitions were closed but the petitioners' rights to challenge the final report were reserved.
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
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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