STATE OF KERALA versus ORISON J FRANCIS & ANR.

STATE OF KERALA versus ORISON J FRANCIS & ANR.

Whether the seized goods are Ayurvedic drugs is a question for trial, not for pre-trial quashing. The absence of requisite licence justified the prosecution; mere application or subsequent grant of licence did not entitle respondents to manufacture or sell the concerned drugs. High Court was not justified in quashing the proceedings under s.482 CrPC at threshold.

Parties
Appellant: State of Kerala; Respondent: Orison J Francis; Respondent: Deshsan Trading (India) Pvt. Ltd., represented by Abdul Rahmath Puvarasar Abdulla, Director; Respondent: Abdul Rahmath Pavarsan Abdulla
Jurisdiction
India
Judgment Date
04 November 2008
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Quashing Prosecution
Outcome
Appeal allowed. High Court order quashing prosecution set aside.
Legal Topics
Quashing of Proceedings Under S.482 Cr PC, Manufacture and Sale of Drugs Without Licence, Distinction Between Ayurvedic and Allopathic Drugs
Criminal Law Drugs and Cosmetics Law Quashing of Proceedings Under S.482 Cr PC Manufacture and Sale of Drugs Without Licence Distinction Between Ayurvedic and Allopathic Drugs

Case Brief

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Parties

State of Kerala

Appellant

Orison J Francis

Respondent

Deshsan Trading (India) Pvt. Ltd., represented by Abdul Rahmath Puvarasar Abdulla, Director

Respondent

Abdul Rahmath Pavarsan Abdulla

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Quashing Prosecution

Legal Issues

  1. 1 Whether threshold interference by High Court under s.482 CrPC to quash prosecution was justified.
  2. 2 Whether the goods seized were Ayurvedic or Allopathic drugs.

Ratio Decidendi

Whether the seized goods are Ayurvedic drugs is a question for trial, not for pre-trial quashing. The absence of requisite licence justified the prosecution; mere application or subsequent grant of licence did not entitle respondents to manufacture or sell the concerned drugs. High Court was not justified in quashing the proceedings under s.482 CrPC at threshold.

Court Disposition

Appeal allowed. High Court order quashing prosecution set aside.

Orders

  • We make it clear that we have not expressed any opinion on the merits of the case.