Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s. 482 – Quashing of Criminal complaint – Before High Court, appellant sought for quashing of complaint filed against him for contravening provision of Drugs and Cosmetics Act 1940 and Drugs and Cosmetics Rules 1945, which was dismissed – On appeal, Held: The Court, while exercising its power under s. 482 only has to consider whether or not the allegations in the complaint disclose the commission of a cognizable offence – Quashing of a criminal complaint must be done only in the rarest of rare cases but still it is the duty of the High Court to look into each and every case with great detail to prevent miscarriage of justice – In the instant case, no stock of impugned substance was found in the premises of the appellants – Even the impugned substance has been categorized as a bulk food substance falling under the definition of food as per s. 3(1)(j) of the Food Safety and Standards Act, 2006 – The alleged substance is not included as a drug in the Indian Pharmacopoeia which further proves that it does not require license u/the Drugs and Cosmetics Act, 1940 – Further, there has been a gap of more than four years between the initial investigation and the filing of the complaint, and even after lapse of substantial amount of time, no evidence has been provided to sustain the claims in the complaint – Moreover, respondent has provided no explanation for the extraordinary delay of more than four years between the initial site inspection, the show cause notice, and the complaint – While inordinate delay in itself may not be ground for quashing of a criminal complaint, however, unexplained inordinate delay of such length must be taken into consideration as a very crucial factor as grounds for quashing a criminal complaint – Hence, proceeding pending against appellants to be quashed – Drugs and Cosmetics Act, 1940. |
Judge | Hon'ble Mr. Justice Krishna Murari |
Neutral Citation | 2022 INSC 1294 |
Petitioner | Hasmukhlal D. Vora & Anr. |
Respondent | The State Of Tamil Nadu |
SCR | [2022] 16 S.C.R. 113 |
Judgement Date | 2022-12-16 |
Case Number | 2310 |
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