Avoid red tapism, Karnataka HC raps authorities over delay in registration of case

Bengaluru: Quashing a case pending before a special court, the Karnataka High Court has castigated the authorities for unnecessary delay in taking action that leads to the accused going scot-free.
A case was registered by the Drug Inspector-1 Bengaluru under the Drugs and Cosmetics Act, five years and seven months after it got a laboratory report that the Assay for Folic Acid’ that was being sold was Not of Standard Quality. In the case at hand, the crime itself is registered after 5 years and 7 months of receipt of report of the sample from the hands of the Laboratory. Therefore, such delay which generates statutory bar could not have been condoned on the specious plea of the prosecution awaiting unnecessary sanction or permission on a misreading of the statute, the high court said allowing the petition filed by the company and its two directors for quashing the case against them.
Ms Emcure Pharmaceuticals Ltd, its MD Satish Ramanlal Mehta and director Mahesh Nathalal Shah approached the high court with their petition.
On January 5, 2012 the Drugs Inspector had visited Tulasi Pharma and taken sample of a drug manufactured by Emcure. The sample was sent for tests to the Drugs Testing Laboratory in Bengaluru.
The report on January 27, 2012 stated the drug was Not of Standard Quality. Notice and letters were addressed to the company which denied the allegation.
Also Read Bangalore doctor booked for misbehaving with student The Drugs Inspector sought permission from the Drugs Controller to file a case against the company. On December 8, 2017, the Drugs Controller gave the necessary permission. A case was registered on January 2, 2018.