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HIGH COURT OF KERALA
CAN INDICA PVT LTD – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC 1419 2023
Licensing - Quashing of FIRs - Crime Section List - The court addressed multiple petitions for quashing FIRs related to alleged violations in the licensing of manufacturing Ayurvedic medicines. It interpreted the legal framework surrounding licensing requirements and the ability to file petitions following the submission of a final report by authorities.
Fact of the Case:
Numerous petitions were filed to quash multiple FIRs registered at Ernakulam Central Police Station regarding licensing issues for the manufacturing of Ayurvedic medicines. The Senior Public Prosecutor indicated that the final report had been submitted in the case.
Finding of the Court:
The court decided to close the petitions while reserving the petitioners' rights to challenge the final report, emphasizing the procedural necessity of adhering to established licensing laws and the completion of investigative proceedings.
Issues: The primary issue was whether the petitions to quash the FIRs should be accepted, given that a final report had been filed by the prosecuting authority.
Ratio Decidendi: The ratio established was that prior to challenging the final report, the court would not interfere unless jurisdictional or procedural errors were evident in the lodging of the FIRs or the subsequent investigative process.
Final Decision: The petitions are closed with a reservation of rights for future challenges to 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
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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