Karnataka High Court
Sri Raghavendra S/O Jagannath Katwa vs The State Of Karnataka on 10 May, 2022
Author: M. Nagaprasanna
Bench: M. Nagaprasanna
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 10TH DAY OF MAY, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.100041 OF 2022
BETWEEN:
SRI RAGHAVENDRA
S/O JAGANNATH KATWA
AGE: 42 YEARS,
OCC.: BUSINESS
R/O. #4224, WARD NO. 5,
NEW KOTWAL PETE
POST. ILKAL, TQ. HUNAGUND
DIST. BAGALKOT - 587 118.
... PETITIONER
(BY SRI JAGDISH PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA
REPRESENTED BY STATE PUBLIC PROSECUTOR
THROUGH SUB-INSPECTOR OF EXCISE-IC,
STATE E.I.B., BANGALORE
HIGH COURT OF KARNATAKA
DHARWAD BENCH,
DHARWAD.
... RESPONDENT
(BY SRI RAMESH CHIGARI, HCGP))
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE FIR CRIME NO.10/2019-
20/905/E4/900606 DATED 24.02.2020 REGISTERED BY
KARNATAKA EXCISE DEPARTMENT THROUGH BAGALKOT SUB-
DIVISION AGAINST THE PETITIONER FOR OFFENCES PUNISHABLE
U/S 21B, 22, 28, 29, 61, 8(c) OF NARCOTICS DRUGS AND
PSYCHOTROPIC DRUGS ACT, 1985, AND QUASH THE CHARGE
SHEET DATED 30.10.2020 BEARING NO.SC/10/2019-
20/90S/E4/900606 AGAINST THE PETITIONER FOR OFFENCES
PUNISHABLE U/S DRUG ACT, 1985 IN RELATION WITH FIR CRIME
NO.10/2019-20/905/E4/900606 DATED 24.02.2020 REGISTERED
BY KARNATAKA EXCISE DEPARTMENT THROUGH BAGALKOT SUB-
DIVISION AGAINST THE PETITIONER FOR OFFENCES PUNISHABLE
U/S 21B, 22, 28, 29, 61, 8(c) OF NARCOTICS DRUGS AND
PSYCHOTROPIC DRUGS ACT, 1985, AND QUASH THE ORDER
DATED 22.02.2021 ON THE FILE OF PRINCIPAL DISTRICT AND
SESSIONS JUDGE, BAGALKOT IN SPL.C.NO.17/2021 IN TAKING
COGNIZANCE AGAINST THE PETITIONER FOR OFFENCE
PUNISHABLE U/S 8(c), 21(b), 22, 28, 29 AND 61 OF N.D.P.S. ACT,
1985.
THIS CRIMINAL PETITION HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 23.02.2022, COMING ON FOR
PRONOUNCEMENT THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
The petitioner is before this Court calling in question proceedings in Special Case No.17 of 2021 pending before the Principal District and Sessions Judge, Bagalkot for offences punishable under Sections 8(c), 21(b), 22, 28, 29 and 61 of the 3 Narcotic Drugs and Psychotropic Substances Act, 1985 ('the Act' for short).
2. Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:-
Father of the petitioner one Jagannath was a doctor practicing Ayurvedic medicine at Ilkal Taluk since 1968. The Mysore Ayurvedic and Unani Practitioners Board had issued a certificate of enlistment on 10-02-1968 and it registered the name of the father of the petitioner under Section 18(2) of the Mysore Ayurvedic Practitioners Registration and Medical Practitioners Miscellaneous Provisions Act, 1961. The father of the petitioner had established a clinic under the aegis of Sri Narayana Trust in Bagalkot District with a valid registration certificate and the certificate was in operation from 15-06-2011 to 14-06-2016.
3. On 24-02-2020 an Inspector of Excise conducted a search in the house of the petitioner and found several drugs/ medicines. Pursuant to the said search, a FIR came to be 4 registered against the petitioner for offences punishable under Section 21(b), 22, 28, 29, 61 and 8(c) of the Act. Thereafter, charge sheet was also filed against the petitioner for the aforesaid offences. During the pendency of these proceedings, the father of the petitioner, an Ayurvedic doctor and a practitioner died on 23-09-2021. The learned Sessions Judge takes cognizance for the offences punishable as afore-quoted against the petitioner, which drives the petitioner to this Court calling in question those proceedings.
4. Heard Sri Jagadish Patil, learned counsel appearing for the petitioner and Sri Ramesh Chigari, learned High Court Government Pleader for the respondent.
5. The learned counsel appearing for the petitioner would contend that the father of the petitioner was an Ayurvedic doctor practicing Ayurveda and had always stored medicines in the house which were commonly used medicines by Ayurveda doctors. He would further contend that none of the contraband substances that were seized would come within the purview of 5 the Act much less, the charge sheet that is filed and cognizance taken for trafficking of drugs against the petitioner. He would seek quashment of proceedings on the score that all the drugs found were for common cold and fever.
6. The learned High Court Government Pleader would, however, contend that though drugs found may be medicine but the same would come under the purview of the Act and therefore, it is a matter for trial for the petitioner to come out clean.
7. I have given my anxious consideration to the submissions made by the respective learned counsel and perused the material on record.
8. The seized drugs at the time of search are as follows:
i. "Tramadol Hydrocloride with brand name Tramef-p of total 48 tablets ii. Etizolam .5 mg with brand name Solopose .5 M.D. of total 4 tablets.
iii. Xstan 40 mg (Telnisartan) - 162 tablets 6 iv. Oskar - 20 mg (Omeprazole) - 34 tablets v. Nucort - M (Methylprednisolne 4 mg tablets) -
10 tablets vi. Nobel Plus (Nimesulide + Paracetamol) - 16 tablets vii. Fepnil - 650 mg (Paracetamol) - 16 tablets viii. Unwanted Kit a. Mifepristone tablet 200 mg b. Misoprosdol tablet 200 mg c. Methylergometrine 1 ml injection ix. Lysoflam (Diclofenac, Paracetamol, Trypsin and Chymotrypsin) - 100 Tablets x. Lysoflam MR (Diclofenac and Metasxalone) 22 tablets xi. Rabeking - DSR (Rabeprazole and Domeperidone) 26 tablets xii. ChloropheniaramineMelate 30 ml xiii. Taxim (Cefixime) injection 4 ampules xiv. Xone (Ceftraiaxone) injection 3 ampules xv. Xone (Ceftraiaxone 500 mg) 3 ampules xvi. Suphate Injection 2 ml - ampule xvii. Dispovan Single Use Syringe - 12 no. - SI/E"
The learned counsel has also placed on record contents of the drugs and usage of those drugs which are as follows:
7
Sl. Tablet Contents Usage/Properties
No. Brand
Name
1. Tramef-P Tramadol Tramadol is used to relieve
Hydrocholoride + moderate to moderately severe Paracetamol pain.
Paracetamol, also known as acetaminophen, is a medication used to treat fever and mild to moderate pain.
2. Etizolam .5 mg Etilaam Etilaam is an anxiolytic drug (reduces anxiety) that is used to treat anxiety, panic disorder over a short period and insomnia (difficulty in falling or staying asleep).
3. Xstan 40 mg Telnisartan This medication is used to treat high blood pressure (hypertension). Lowering high blood pressure helps prevent strokes, heart attacks, and kidney problems. Telmisartan belongs to a class of drugs called angiotensin receptor blockers (ARBs).
4. Oskar - 20 mg Omeprazole Omeprazole is used to treat certain conditions where there is too much acid in the stomach. It is used to treat gastric and duodenal ulcers, erosive esophagitis, and gastroesophageal reflux disease (GERD).
5. Nucort - M Methylprednisolne Methylprednisolne is a steroid which works by blocking the production of certain chemical messengers in the body that cause inflammation (redness and swelling) and allergies.
6. Nobel Plus Nimesulide + Nimesulide is a non-steroidal Paracetamol anti-inflammatory medicine (NSAID) that contains Nimesulide as an active ingredient. It is used to treat 8 paid and fever. It provides relief from mild to moderate paid due to menstrual cramps and osteoarthrities.
Paracetamol, also known as acetaminophen, is a medication used to treat fever and mild to moderate pain.
7. Fepnil 650 Paracetamol Paracetamol, also known as acetaminophen, is a medication used to treat fever and mild to moderate pain.
8. A Unwanted Kit Mifepristone 200 Mifepristone blocks the action of mg a hormone needed to maintain a pregnancy. Mifeprex is used to end an early pregnancy that is not further along than 70 days (10 weeks) after the first day of your last menstrual period.
B Unwanted Kit Misoprostol 200 mg Misoprostol is a synthetic prostaglandin medication used to prevent and treat stomach and duodenal ulcers, induce labor, cause an abortion, and treat postpartum bleeding due to poor contraction of the uterus. Misoprostol is taken by mouth when used to prevent gastric ulcers in persons taking NSAIDs.
C Unwanted Kit Methylergometrine This medication is used after childbirth to help stop bleeding from the uterus.
Methylergonovine belongs to a class of drugs known as ergot alkaloids. It works by increasing the rate and strength of contractions and the stiffness of the uterus muscles.
9. Lysoflam Diclofenac, Diclofenac is a nonsteroidal (Diclofenac, Paracetamol, anti-inflammatory drug (NSAID) Paracetamol, Trypsin and used to treat mild-to-moderate Trypsin and Chymotrypsin pain, and helps to relieve Chymotrypsin) symptoms of arthritis (eg. Osteoarthritis or rheumatoid arthritis), such as inflammation, 9 swelling, stiffness, and joint pain.
Paracetamol, also known as acetaminophen, is a medication used to treat fever and mild to moderate pain.
Trypsin is an enzyme that aids with digestion. An enzyme is a protein that speeds up a certain biochemical reaction. Trypsin is found in the small intestine. It can also be made from fungus, plants, and bacteria. ...
Trypsin is given to people who lack enzymes needed fro digestion.
Chymotrypsin is a digestive enzyme component of pancreatic juice acting in the duodenum, where it performs proteolysis, the breakdown of proteins and polypeptides.
10. Lysoflam MR Diclofenac and Diclofenac is a nonsteroidal Metasxalone anti - inflammatory drug (NSAID) used to treat mid-to-
moderate pain, and helps to relieve symptoms of arthritis (eg. Osteoarthritis or rheumatoid arthritis), such as inflamation, swelling, stifness, and joint pain.
Metasxalone is an aromatic ether. ChEBI. Metaxalone is a moderate to strong muscle relaxant used in the symptomatic treatment of musculoskeletal pain caused by strains, sprains, and other musculoskeletal conditions.
11. Rabeking - DSR Rabeprazole and Rabeprazole is used to treat Domeperidone duodenal ulcers, gastroesophageal reflux disease 10 (GERD), and Zollinger-Ellison syndrome, a condition where the stomach produces too much acid.
Domeperidone is a medicine that increases the movements or contractions of the stomach and bowel.
12. Chlorpheniaramine Chlorpheniaramine Chlorpheniaramine relieves red, 30 ml itchy, watery eyes; sneezing;
itchy nose or throat; and runny nose caused by allergies, hay fever, and the common cld.
Chlorpheniaramine helps control the symptoms of cold or allergies but will not treat the cause of the symptoms or speed recovery.
13. Taxim Cefixime Cefixime is used to treat bacterial infections in many different parts of the body. It belongs to the class of medicines known as cephalosporin antibiotics. It works by killing bacteria or preventing their growth.
14. Xone Ceftriaxone Ceftriaxone Injection is an antibiotic belonging to the cephalosporin group, which is used to treat bacterial infections in your body. It is effective in infections of the brain (e.g., meningitis), lungs (e.g., pneumonia), ear, urinary tract, skin & soft tissues, bones & joints, blood and heart.
15. Xone 500 mg Ceftriaxone Ceftriaxone Injection is an antibiotic belonging to the cephalosporin group, which is used to treat bacterial infections in your body. It is effective in infections of the brain (e.g., meningitis), lungs (e.g., pneumonia), ear, urinary 11 tract, skin & soft tissues, bones & joints, blood, and heart.
16. Suphate Injection Magnesium Magnesium Sulphate injection Sulphate is used to treat hypomagnesemia (low levels of magnesium in your blood).
17. Dispovan Empty One time Used for injections Syringes Use Syringes The afore-quoted drugs are 17 items that were found during the search. The contents and their usage are also extracted hereinabove. Most of the drugs that were seized are different forms of Paracetamol, Etizolam to treat insomnia, High Blood Pressure, gastric, pain killers etc. There is no substance that is found in any of these medicines which are of generic medicines used to treat the patients. Since the father of the petitioner was a doctor practicing Ayurveda, the case of the petitioner that all these medicines were kept in the house by his father cannot be brushed aside.
9. The petitioner is now charged for consuming and trafficking of drugs on the afore-quoted contraband substance, most of them are Over the Counter Medicines (OTC). The 12 complaint or the charge sheet nowhere indicates as to how the petitioner is charged of consumption, sale and export of contraband substance. Cognizance is taken by the Sessions Judge without application of mind into these facts. Under Section 8(c) of the Act, consumption of drugs is punishable with imprisonment for one year. Under Section 22 trafficking of drugs is punishable with imprisonment up to 20 years all for finding the aforesaid drugs at the time of search. If further proceedings are permitted to be continued under the draconian law in the teeth of the aforesaid facts, it would, without doubt, become an abuse of process of law and result in miscarriage of justice.
10. For the aforesaid reasons, I pass the following:
ORDER
(i) The Criminal Petition is allowed. 13
(ii) Impugned proceedings in Special Case No.17 of 2021 pending on the file of the Principal District and Sessions Judge, Bagalkot stand quashed.
Sd/-
JUDGE bkp CT:MJ