IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 Crl.MC.No. 1513 of 2004 ------------------------- CC.2044/2002 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER: ACCUSED. -------------------- 1. AJANTHA PHARMA LTD. AJANTA HOUSE, 98, GOVT.INDUSTRIAL AREA, CHARKOP, KANDIVIL(W) MUMBAI 400 067. 2. PURUSHOTHAM.B.AGARWAL, 3 PHULE COLONY, AURANGABAD. 3. MADHUSUDHAN, S/O.BHAGANDAS AGARWAL, 3, P HULE COLONY, AURANGABAD. BY ADV. SRI.A.M.SHAFFIQUE (SR.) RESPONDENTS: COMPLAINANT. ------------------------- STATE OF KERALA, REP. BY THE DRUGS INSPECTOR, OFFICE OF THE ASSISTANT DRUGS CONTROLLER, ERNAKULAM. BY PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 30/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C. HARI RANI, J. ====================== CRL.M.C.NO. 1513 of 2004 ======================= Dated this the 30th day of May 2008 ORDER Petitioners 1 to 3, who are accused in C.C.No.2044/2002 pending on the file of the Chief Judicial Magistrate Court, Ernakulam, have filed this Crl.M.C. seeking an order under Section 482 of the Code of Criminal procedure to quash the above C.C. The first petitioner, who is the first accused in the above case, is a company by name Ajanta Pharma Ltd. and petitioners 2 and 3, who are accused 2 and 3 respectively, are its Managing Director and Joint Managing Director respectively. The above C.C. was registered against the petitioners on the basis of the complaint filed by the respondent/Drugs Inspector, Ernakulam on the allegation that the Company is the manufacture of Carofit-D and in the packet containing the drug it was stated that “the only diabetic nutrition”. It is further alleged in the complaint that with these declarations on the packet the drug was being sold and therefore, the petitioners had violated the provisions of the Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954 (hereinafter referred to as 'the Act'). It was also alleged that the statements in the carton wherein it was printed that Carofit-D is a complete anti- CRMC. 1513/2004 -2- oxidant specially formulated for diabetic mellitus. Reduces chances of rheumatoid arthritis. It also is in violation of Section 3(d) punishable under Section 7(a) of the Act. The complaint was lodged by the respondent on 26-8-2002 before the Chief Judicial Magistrate Court, Ernakulam which was taken cognizance and registered the above C.C. against the petitioners herein. 2. It is submitted by the learned counsel appearing for the petitioners that the complaint preferred by the respondent does not disclose any offence and thereby it is an abuse of process of court and deserves to be set aside for securing ends of justice. It is also submitted that the complaint is highly belated in view of the provisions contained in Section 468 of the Code of Criminal Procedure and on that ground also the complaint is liable to be set aside. 3. Heard the learned Public Prosecutor also. 4. I have gone through the materials available on record. In order to exercise the inherent power under Section 482 Cr.P.C.in the present case, it should be established by the petitioners that it is an abuse of process of court and it should be prevented by invoking the powers under Section 482 Cr.P.C. These powers have to be exercised sparingly, carefully and with caution and to do the real and substantial justice. The status of petitioners 1 to 3 as shown in the complaint which is produced as CRMC. 1513/2004 -3- Annexure-B has not been disputed. Evidence has not been adduced by the parties in the above case and it appears to me that it is not proper to analyze the case of the complainant at this stage. In order to determine whether a conviction would be sustainable, the same will be decided by the trial court, the learned Chief Judicial Magistrate, Ernakulam. So I find no ground to exercise the inherent jurisdiction of this Court envisaged under Section 482 Cr.P.C. In the result, this Crl.M.C.is dismissed. M.C. HARI RANI JUDGE ks.