Karnataka High Court
Mr Jyotindra B Mody vs Union Of India Ministry Of Health And ... on 27 September, 2018
Author: P.S.Dinesh Kumar
Bench: P.S. Dinesh Kumar
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CRL.P. NO.2679/2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF SEPTEMBER, 2018
BEFORE
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
CRIMINAL PETITION No.2679/2017
BETWEEN:
MR. JYOTINDRA B. MODY
AGED 88 YEARS
CHAIRMAN AND MANAGING DIRECTOR
M/S J.B. CHEMICALS AND
PHARMACEUTICALS LTD.,
NEELAM CENTER, B WING
4TH FLOOR, HIND CYCLE ROAD
WORLI MUMBAI-400 030 ... PETITIONER
(BY SHRI. S.R. KRISHNA KUMAR, ADVOCATE)
AND:
UNION OF INDIA
MINISTRY OF HEALTH & FAMILY WELFARE
REP BY DRUGS INSPECTOR, CDSCO
SUB ZONE, BENGALURU-560 001 ... RESPONDENT
(BY SMT. BIRDY AIYAPPA, CGC)
THIS CRL.P FILED IS U/S 482 CR.P.C PRAYING TO SET
ASIDE THE ORDER DATED 28.02.2017 PASSED IN
C.C.NO.89/2013 BY THE SPECIAL COURT FOR ECONOMIC
OFFENCES, BANGALORE DIRECTING THE APPEARANCE OF
THE PETITIONER AND DIRECTION TO THE SPECIAL COURT
THE ECONOMIC OFFENCES, BANGALORE TO PERMIT THE
PETITIONER TO ANSWER THE ACCUSATION U/S 251 OF CODE
OF CRIMINAL PROCEDURE, 1973 THROUGH HIS COUNSEL.
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CRL.P. NO.2679/2017
THIS CRL.P COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:-
ORDER
Heard Shri S.R.Krishna Kumar, learned advocate for the petitioner and Smt.Birdy Aiyappa, learned Central Government Counsel for the respondent-Union of India.
2. The petitioner is calling in question the order dated 28.02.2017 in C.C.No.89/2013 rejecting his application seeking exemption and directing his presence before the Magistrate Court.
3. Union of India has filed a complaint alleging commission of offences under the Provisions of Drugs and Cosmetics Act against M/s JB Chemicals and its Directors. The petitioner is accused No.2. He has approached the Supreme Court of India in a Special Leave Petition (Crl.)No(s).No.5954-5955/2014 wherein the Supreme Court of India has passed the following order:
3CRL.P. NO.2679/2017
"In a private statutory complaint filed by the respondent against the petitioner, cognizance has been taken by the learned trial court after following the procedure prescribed in the Code of Criminal Procedure and summons were issued. Correctness of the same is challenged in these special leave petitions urging various legal grounds. The principal contention urged in these special leave petitions is that the petitioner, being the Chairman & Managing Director of M/s J.B.Chemicals & Pharmaceuticals Ltd. and aged about 87 years and, as submitted by learned counsel for the petitioner that he has underwent surgery for some ailment, we grant him exemption from personal appearance in the matter before the trial court as and when the occasion arises and on his behalf his counsel may appear and prosecute the matter, till the trial is over. Thereafter he shall appear before the court to record his statement under Section 313 of Code of Criminal Procedure"
4. Shri S.R.Krishna Kumar argued that the order passed by the learned Magistrate is contrary to the order passed by the Supreme Court of India in the aforementioned special leave petition.
5. Ms.Birdy Aiyappa argued in support of the impugned order.
4CRL.P. NO.2679/2017
6. The Supreme Court of India in the aforesaid order has made it clear that the petitioner may be represented through his Counsel till the trial is over and he shall appear before the Court to record his statement under Section 313 of Cr.P.C.
7. In the light of aforesaid order passed by the Supreme Court of India, the impugned order passed by the learned Magistrate is unsustainable. Accordingly, order dated 28.02.2017 passed in C.C.No.89/2013 so far as it relates to the petitioner-accused No.2 is set aside. It is directed that trial Court shall pass any further order with regard to appearance of petitioner strictly in accordance with the aforesaid order of the Supreme Court of India.
The petition is accordingly disposed of. No costs.
Sd/-
JUDGE Yn.