Bengaluru: The Karnataka High Court ordered the competent authority to file a criminal complaint as soon as possible after obtaining a sample test report from the laboratory and to avoid using red tapism, allowing the guilty to go scot-free.
“The Authority should also necessarily peruse and understand the statute for registration of crimes in such matters, as delay will defeat the very object of penal action under the statute,” said Justice M Nagaprasanna while mentioning that in the case that was heard, the crime was registered five years and seven months after receiving a lab report.
The complaint was filed in 2018, three years and eight months after the limitation period had expired, so the court issued the ruling while quashing the city sessions court’s order dated March 31, 2022, as well as another order dated March 20, 2018, by the Special Court for Economic Offenses against Jammu-based Emcure Pharmaceuticals, its MD Satish Ramanlal Mehta, and Director (Technical), Mahesh Nathalal Shah.
On January 5, 2012, a drug inspector went to Tulasi Pharma and took a sample of the medicine made by the petitioners. Six months later, the Drugs Testing Laboratory reported that the sample was “Not of Standard Quality” with regard to the “Assay for Folic Acid.”
The Drugs Inspector sent the drugs controller the findings of the investigation on October 8, 2013, requesting approval for prosecution. The medicines controller approved the petitioners’ prosecution four years and two months later. The drug inspector submitted an application for a delayed release under Sections 473 of the CrPC and 5 of the Limitation Act, along with a private complaint. The Special Court approved the delay on March 20, 2018, despite the petitioners’ objections.
