MODERN LABORATORIES Vs. DRUG INSPECTOR

JUDGEMENT

(1.) PETITIONERS are accused Nos.1 to 3 in S.T.No.102 of 2006 of the court of learned Judicial First Class Magistrate, Thalassery for offences punishable under Secs. 18(a)(I) r/w Sec.27(d) of the Drugs and Cosmetics Act. Based on an amendment as per notification dated 11.03.2009 learned Magistrate has initiated committal proceedings as the offence is exclusively triable by the court of Sessions and posted the case on 19.07.2010. Since petitioners did not appear in Court on that day, non bailable warrants are issued to them. Learned counsel requested that since presence of petitioners/accused is not required for committal, learned Magistrate may be directed to dispense with presence of petitioners at the time of committal. Reliance is placed on the decision in Fasar Shaheen Vs. State of Kerala (2009(3) KLT SN 13 (C.No.15) where it is stated that it is not necessary to insist physical presence of the accused in Court when a case is committed to court of Sessions. I have heard learned counsel for petitioners and learned Public Prosecutor.

(2.) THE Supreme Court in T.G.N.Kumar Vs. State of Kerala (2011(1) KHC 142) referring to the power of the High Court held that such questions are to be decided by the Court concerned. In the light of that decision, it is not appropriate for this court to issue any direction in the way requested for by the petitioners at the first instance, for that is a matter which the learned Magistrate has to decide. Of course, in considering whether presence of petitioners is required learned Magistrate shall take into account the decision in Fasar Shaheen Vs. State of Kerala referred to supra. However, having regard to the circumstances stated before me and in the light of the decision referred supra it is directed that coercive steps taken against petitioners will stand in abeyance for a period of three weeks from this day. I make it clear that it is open to the petitioners to make appropriate application before the learned Magistrate. This criminal miscellaneous case is disposed of as above.