Lifekyor Pharmaceuticals v. The State Rep By The Drugs Inspector, Coimbatore Iii Range
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-06-2025
CORAM
THE HONOURABLE MR JUSTICE P. VELMURUGAN and CRL MP No.7029 of 2025
1. Lifekyor Pharmaceuticals Represented by Partner jagdish Pravinbhai Hiraini, B2, 1108, Palladium B/H, Dviya Bhaskar Corporate Road, Makaba, Ahmedabad 380051.
2. Jagdish Pravinbhai Hirani One of the partners cum Competent Person, M/s Lifekyor Pharmacetuticals, B2, 1108, Palladium B/H, Dviya Bhaskar Corporate Road, Makaba, Ahmedabad 380051.
3. Krishna Naman Trapsia One of the partners M/s Lifekyor Pharmacetuticals, B2, 1108, Palladium B/H, Dviya Bhaskar Corporate Road, Makaba, Ahmedabad 380051.
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4. Rushi Kanaiyalal Ribadia One of the partners M/s Lifekyor Pharmacetuticals, B2, 1108, Palladium B/H, Dviya Bhaskar Corporate Road, Makaba, Ahmedabad 380051.
5. Sanket Dipakkumar Shah One of the partners M/s Lifekyor Pharmacetuticals, B2, 1108, Palladium B/H, Dviya Bhaskar Corporate Road, Makaba, Ahmedabad 380051.
Petitioner(s) Vs
1. The State rep by The Drugs Inspector, Coimbatore III Range Office of the Assistant Director of Drugs Control, Coimbatore Zone, 219 Race Course Road, Coimbatore 641018.
Respondent(s) PRAYER Criminal Original Petition filed under Section 528 of BNSS 2023, to call for the records in C.C.No.718 of 2017, on the file of the Learned Judicial Magistrate No.2, Coimbatore and to quash the same as against these petitioners. 2/7
For Petitioner(s):
Mr.S.Ranjith Kumaran For Mr.R.Sivakumar For Respondent(s):
Mr.S.Vinoth Kumar, Government Advocate (Crl.Side) For R1
ORDER
This Criminal Original Petition has been filed to call for the records in C.C.No.718 of 2017, on the file of the Learned Judicial Magistrate No.2, Coimbatore and to quash the same as against the petitioners.
2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent-Police and perused the materials available on record.
3. Learned counsel for the petitioners submitted that the petitioners are not manufacturers and they are only distributors. They have not committed any offence as alleged by the prosecution. Already, this Court quashed the case as against the prime accused/manufacturer on the ground that sample was not sent in time and the same was sent only after expiry of the validity period. The petitioners have nothing to do with the commission of the offences. The same 3/7
relief can be extended to the present petitioners also.
4. Learned Government Advocate (Criminal Side) appearing for the respondent-Police submitted that though sufficient opportunity was given to the petitioners, they have not utilised the same. The grounds taken by the petitioners are not the grounds for quashing the case. Hence, he seeks dismissal of this petition.
5. Admittedly, case in C.C.NO.718 of 2017 was registered as against the petitioner and others before the learned Magistrate No.I, Coimbatore. Pending the said CC, A1 to A3, who are manufacturers, had filed Crl.O.P.Nos.23142 and 23148 of 2019 before this Court to quash C.C.No.718 of 2017 on the file of the Judicial Magistrate No.II, Coimbatore. This Court, vide order dated 20.11.2023, quashed the case as against the petitioner therein. The present petitioners have filed the present OP for the same relief.
6. Considering the facts and circumstances of the case and as already the case was quashed as against Accused No.1 to 3, there are no independent allegations as against the petitioners. Hence, the present CC as against the petitioners is also quashed.
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7. With the abovesaid direction, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.
8. In most of the cases, the Drug Inspectors are neither following statutory rules, nor taking any steps to send the sample immediately to the Forensic Laboratory, due to which, most of the cases are being quashed or discharged or acquitted on the ground of technicality. Hence, the Director of Drugs Control, Chennai is directed to file a statistical report as on this date, as to how many cases are pending in the State of Tamil Nadu and in how many cases, the sample has been sent immediately soon after collecting the sample/made a request to the Court to send a sample immediately and how many cases ended in conviction and how many cases ended in acquittal, within a period of two months from the date of receipt of a copy of this order. 11-06-2025 mfa Index:Yes/No Speaking/Non-speaking order Internet:Yes 5/7
To
1. The Judicial Magistrate No.2, Coimbatore.
2.The State rep by The Drugs Inspector, Coimbatore III Range Office of the Assistnat Director of Drugs Control, Coimbatore Zone, 219 Race Course Road, Coimbatore 641018.
3. The Public Prosecutor, High Court, Chennai.
Copy to The Director of Drugs Control, Chennai 6/7
P.VELMURUGAN J mfa and CRL MP No.7029 of 2025 11-06-2025 7/7