IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH THURSDAY, THE 11TH DAY OF AUGUST 2022 / 20TH SRAVANA, 1944 CRL.MC NO. 6720 OF 2021 PETITIONER/ACCUSED:

K.R.VIJAYA AGED 48 YEARS, W/O. KOCHUMON, KALLUPALATHINKAL HOUSE, VARANDARAPPILLY, THRISSUR DISTRICT, PROPRIETRIX, HARITHA PHARMACEUTICALS, VARANADARAPPILLY, THRISSUR DISTRICT,PIN-680 303 BY ADVS.V.M.KRISHNAKUMAR P.R.REENA RESPONDENTS/STATE & COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031

2 STATE OF KERALA, REPRESENTED BY SECRETARY, AYUSH (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,PIN-

695 001

3 THE DEPUTY COMMISSIONER OF EXCISE, EXCISE DIVISION OFFICE, EXCISE ZONAL COMPLEX, KACHERIPADI, ERNAKULAM-682 018

4 CIRCLE INSPECTOR, KOTHAMANGALAM EXCISE RANGE, THANKALAM JUNCTION, KOTHAMANGALAM, ERNAKULAM-686 691

5 EXCISE INSPECTOR, KUTTAMPUZHA EXCISE RANGE, KUTTAMPUZHA, KOTHAMANGALAM, ERNAKULAM DIST,PIN-686 681 BY SENIOR PUBLIC PROSECUTOR, SRI.RENJITH GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

MARY JOSEPH, J.

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Crl. M.C. No. 6720 of 2021 - - - - - - - - - - - - - - - - - - - - - - -

Dated this the 11th day of August, 2022 O R D E R Petitioner is the proprietor of M/s.Haritha Pharmaceuticals, an Ayurvedic Medicine manufacturing proprietorship functioning for the past 26 years. Petitioner is holding L2 Licence under the Medicinal Preparation Rules as well as SP VI and SP VII Licences under the Kerala Spirituous Preparations (Control) Rules, 1969 (for short ‘the Rules’) for running wholesale and retail trade of ayurvedic medicines. True copies of the wholesale licence and retail licence held by the petitioner for possession and sale of Spirituous Preparations are produced alongwith the petition on hand as Annexures I and II. M/s.Haritha Pharmaceuticals is run under the proprietorship of the petitioner for the past 26 years and it gained recognition as one among the premier ayurvedic medicine manufacturing units in the State of Kerala. It has been awarded with certificate of excellence for its performance.

2. While Ayurvedic medicines were transported in petitioner’s vehicle on 14.12.2021, the Excise Inspector of Kuttampuzha Excise Range intercepted the vehicle and directed the driver of the vehicle to take the vehicle to the Excise Office on the premise that the transportation of the medicines was in violation of Rule 9 and 10 of the Rules. Therefore, alleging that the petitioner has committed offences punishable under Sections 63, 56(b) and 67B of Abkari Act (for short ‘the Act’). Crime No.51/2021 was registered against the petitioner for the above offences, true copy of which is produced alongwith the petition on hand as Annexure VII. Petitioner’s vehicle and the Ayurvedic medicines boarded in it were taken into custody. An inventory of the articles seized was prepared by the 3rd respondent. Seizure mahazar was also prepared from the spot. True copies of the aforesaid documents are produced alongwith the petition on hand as Annexure VIII and IX. Vehicle seized has been transferred to the 2nd respondent and confiscation proceedings are pending.

3. It is submitted that Crime above registered against the petitioner is purely an abuse of process of law by the respondents and therefore, is illegal.

4. The learned counsel for the petitioner has relied on Priyamvada P.G. (Dr.) v. State of Kerala and Others [2015 (5) KHC 63] which has been confirmed by a Division Bench of this Court in W.A. No.546 of 2016 to fortify his contention on the illegality involved in registration of the crime. Copies of the above judgments are produced alongwith the petition on hand as Annexure III and IV.

5. It has been held by a Single Bench of this Court in Priyamvada supra that “Arishtams” and “Asavas” are ayurvedic medicines and cannot be treated as ‘liquor’ under Section 3(1) or Section 5