PRO LABORATORIES PVT. LTD Vs. REGIONAL DRUGS INSPECTOR

JUDGEMENT

(1.) The Crl.M.C.Nos. 3761/2013, 2047/2015 are filed to quash the committal proceedings pending before the Magistrate's Courts at Ernakulam and Nadapuram respectively. Reports were called for from the Judicial First Class Magistrate Court-II, Ernakulam and Judicial First Class Magistrate Court-I, Nadapuram and it is informed that in neither of these cases, enquiry under Section 202(1) Cr.P.C has been conducted. The offences alleged are under Section 18(a)(i) read with Section 27(d) of the Drugs and Cosmetics Act , 1940.

(2.) In view of the decision of the Honourable Supreme Court in Birla Corporation Ltd. and Another V. Adventz Investments and Holdings Ltd. and Others [2019 KHC 6559] conducting of enquiry under Section 202(1) Cr.P.C is mandatory, when the accused is residing at a place beyond the area of jurisdiction of the Magistrate. Hence, the committal proceedings without conducting enquiry under Section 202 Cr.P.C is not proper.

(3.) Crl.M.C.No.2918/2015 pertains to a case which was already committed and is pending as S.C.No.931/2014 on the file of District and Sessions Court, Kollam. No enquiry under Section 202 Cr.P.C was conducted prior to committal.