TaxTMI 
TaxTMI 
2008 (11) TMI 442
X X X X Extracts X X X X
X X X X Extracts X X X X
....laint was filed alleging commission of offences punishable under Section 18(c) read with Section 27(b)(ii) of the Drugs and Cosmetics Act, 1940 (in short the 'Act'). Allegation was that the three accused persons were manufacturing and selling and storing DXN Ganocelium (GL) and DXN Rishi and (RG) capsules, which are drugs within the definition of Section 3(b) of the Act, without a manufacturing licence. In the complaint M/s. Deshsan Trading (India) Pvt. Ltd. represented by Abdul Rahmath Puvarasar Abdulla, Director and Abdul Rahmath Pavarsan Abdulla and Orison J Francis, Branch Manager were arrayed as accused persons Nos. 1 to 3. A petition under Section 482 of the Code of Criminal Procedure, 1973 (in short the 'Code') was filed by the accus....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... be dispensed with. 4. Stand of the present appellant before the High Court was that whether the goods seized were Ayurvedic Drugs can only be decided in the trial and the threshold interference by the High Court is not called for. Additionally it was submitted that the undisputed position being that the respondents did not possess a licence, the High Court could not have interfered. The mere fact that the licence was granted subsequently is of no consequence. It was pointed out that the inspector who made the seizure and filed the complaint was authorized to do so. In this connection, reference is made to the order dated 3-5-2000 transferring the concerned Drug Inspector from the Drugs Control Society, Trivendrum to be posted as Drug....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ns of a licence issued for such purpose under this Chapter." 7. Obviously, a licence was required for dealing with the drugs. The mere fact that the application for licence was filed, did not entitle the respondent to manufacture and/or to sell the concerned drugs. The High Court, therefore, was not justified in quashing the proceedings. This is a not a case where threshold interference by exercising power under Section 482 of the Code was called for. 8. The scope for interference at the threshold by exercising power under Section 482 of the Code has been succinctly stated by this Court in State of Haryana v. Bhajan Lal [1992 Supp. (1) SCC 335]. In paragraph 102 it was stated as follows : "In the backdrop of the interpretation ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... not disclose the commission of any offence and make out a case against the accused. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the conc....