IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 CRL.MC NO. 8089 OF 2019 CC NO.507 OF 2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III,KOZHIKODE PETITIONERS/ACCUSED 4 TO 8, 2 & 3: 1 BURNETTT RESEARCH LABORATORY, KALACHANDPARA, DUTTAPUKUR.P.O, 24 PARAGANAS NORTH DIST., WEST BENGAL, PIN-743248 2 DWIPENDRA CH.DAS AGED 67 YEARS PARTNER, M/S. BURNETT RESEARCH LABORATORY, KALACHANDPARA, DUTTAPUKUR, 24 PARGANAS, NORTH DIST. WEST BENGAL, PIN-743248 3 SIPRA DAS AGED 62 YEARS PARTNER, M/S.BURNETT RESEARCH LABORATORY, KALACHANDPARA, DUTTAPUKUR, 24 PARGANAS NORTH DIST., WEST BENGAL, PIN-743248 4 RANJAN KUMAR DAS AGED 39 YEARS PARTNER, M/S.BURNETT RESEARCH LABOROATRY, KALACHANDPARA, DUTTAPUKUR, 24 PARGANAS NORTH DIST., WEST BENGAL, PIN-743248 5 SANJAY KUMAR DAS AGED 38 YEARS PARTNER, M/S BURNETT RESEARCH LABORATORY, KALACHANDPARA, DUTTAPUKUR, 24 PARGANAS NORTH DIST., WEST BENGAL, PIN-743248 6 M/S.ANGEL HOMOEO RESEARCH LABORATORY PVT.LTD 45, G.T.ROAD, BHADRAKALI, DIST HOOGLY, WEST BENGAL, PIN-712232 7 JOG MOHAN GUPTA @ JAG MOHAN GUPTA, AGED 69 YEARS MANAGING DIRECTOR, M/S.ANGEL HOMOEO RESEARCH LABORATORY PVT.LTD. 45, G.T.ROAD, BHADRAKALI, DIST HOOGLY, WEST BENGAL, PIN-712232 2025:KER:27730 Crl.M.C Nos.8089&9125/2019 -2- BY ADVS. SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENTS/COMPLAINANT & ACCUSED 1: 1 STATE OF KERALA REP BY THE DRUGS INSPECTOR, INTELLIGENCE BRANCH, OFFICE OF THE ASST DRUGS CONTROLLER, CIVIL STATION, KOZHIKODE, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682031 2 T.DHRUVAN AGED 50 YEARS PROPRIETOR, ROYAL HOMOEO PHARMACY, 17/543 D, MARWAH COMPLEX, RAJAJI ROAD, KOZHIKODE-673004 3 * ADDL R3 UNION OF INDIA REPRESENTED BY SECRETARY, LOK SABHA SECRETARIAT PARLIAMENT HOUSE,NEW DELHI -110001 * ADDL R3 IMPLEADED AS PER ORDER DATED 10.02.2020 IN CRL.MA NO.1/2020 IN CRL.MC 8089/19 BY ADVS. ADDL.DIRECTOR GENERAL OF PROSECUTION SHRI.P.VIJAYAKUMAR, ASG OF INDIA MINI GOPINATH SRI GRASHIOUS KURIAKOSE, ADGP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.04.2025, ALONG WITH Crl.MC.9125/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:27730 Crl.M.C Nos.8089&9125/2019 -3- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 CRL.MC NO. 9125 OF 2019 CC NO.507 OF 2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III,KOZHIKODE PETITIONER/1ST ACCUSED: T. DHRUVAN, AGED 50 YEARS PROPRIETOR, ROYAL HOMOEO PHARMACY, 17/543 D, MARWAH COMPLEX, RAJAJI ROAD, KOZHIKODE-673 004. BY ADVS. SAJAN VARGHEESE K. SRI.LIJU. M.P SRI.JOPHY POTHEN KANDANKARY RESPONDENT/COMPLAINANT: 1 STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682 031, THROUGH THE DRUGS INSPECTOR, INTELLIGENCE BRANCH, OFFICE OF THE ASST DRUGS CONTROLLER, CIVIL STATION, KOZHIKODE) 2 * ADDL R2 UNION OF INDIA REPRESENTED BY SECRETARY, LOK SABHA SECRETARIAT, PARLIAMENT HOUSE, NEW DELHI-110001 * ADDL R2 IMPLEADED AS PER ORDER DATED 18.02.2020 IN CRL.MA NO.1/2020 IN CRL.MC 9125/19 BY ADVS. ADDL.DIRECTOR GENERAL OF PROSECUTION SHRI.P.VIJAYAKUMAR, ASG OF INDIA SRI GRASHIOUS KURIAKOSE, ADGP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.04.2025, ALONG WITH Crl.MC.8089/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:27730 Crl.M.C Nos.8089&9125/2019 -4- ORDER The accused Nos.1 to 8 in CC No.507/2018 on the files of the Judicial First Class Magistrate Court-III, Kozhikode, have filed these petitions for quashing the proceedings against them in the said case. The prosecution was launched by the Drugs Inspector, Intelligence Branch, Office of the Assistant Drugs Controller, Kozhikode, against the petitioners alleging violation of Rule 106B of the Drugs and Cosmetics Rules, 1945. 2. The one and only challenge raised against the maintainability of the prosecution is that there is non compliance of Section 38 of the Drugs and Cosmetics Act, 1940, which requires that every rule made under the said Act shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days. 3. Heard the learned counsel for the petitioners and the learned Additional Director General of Prosecution representing the State of Kerala. 4. The learned Additional Director General of Prosecution, by adverting to the Division Bench decision of this Court in State Bank of India v. Unnikrishnan (2020 (5) KLT 1) pointed out that, while dealing with Section 50(4) of the State Bank of India Act, 1955, which is pari materia 2025:KER:27730 Crl.M.C Nos.8089&9125/2019 -5- with Section 38 of the Drugs and Cosmetics Act, 1940, it has been held in the said decision that the failure to lay the amendment before the Parliament would not render the provision illegal and unenforceable. The learned Judges of the Division Bench of this Court had rendered the aforesaid decision, after dealing in detail with the law laid down by the Apex Court in various decisions pertaining to the same aspect. 5. On a perusal of Section 50(4) of the State Bank of India Act, 1955, it could be seen that the said provision is worded upon the same lines as that of Section 38 of the Drugs and Cosmetics Act, 1940. Therefore, the law laid down by this Court in State Bank of India v. Unnikrishnan (supra) is squarely applicable to the facts and circumstances of this case. Accordingly, I find that the prayer in these petitions to quash the prosecution proceedings against the petitioners, cannot be entertained. In the result, both these petitions are hereby dismissed. Sd/- G.GIRISH JUDGE IAP 2025:KER:27730 Crl.M.C Nos.8089&9125/2019 -6- APPENDIX OF CRL.MC 9125/2019 PETITIONER’S ANNEXURES: ANNEXURE A TRUE COPY OF THE COMPLAINT IN CC NO.507/2018 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT 111, KOZHIKODE ANNEXURE B TRUE COPY OF THE INFORMATION PASSED ON INVOKING RIGHT INFORMATION ACT 2005 ANNEXURE C TRUE COPY OF THE ORDER DATED 7.1.2016 PASSED IN DB CIVIL WRIT PETITION NO.10597/2015 OF THE JAIPUR BENCH OF THE HIGH COURT OF JUDICATURE FOR RAJASTHAN. ANNEXURE D TRUE COPY OF THE ORDER DATED 10.5.2016 PASSED IN WPC NO 4542/2016 ON THE FILE OF THE HIGH COURT OF ORISSA. ANNEXURE E TRUE COPY OF THE ORDER DATED 20.4.2015 PASSED IN WPC NO.8062 (W) OF 2015 OF THE HIGH COURT AT CALCUTTA. ANNEXURE F TRUE COPY OF THE ORDER DATED 7.7.2015 PASSED IN CWP NO.13300 OF 2015 OF THE HIGH COURT OF PUNJAB AND HARYANA ANNEXURE G TRUE COPY OF THE ORDER DATED 18.11.2019 PASSED IN CRL. MC NO.8089/19 ON THE FILE OF THIS HON'BLE COURT 2025:KER:27730 Crl.M.C Nos.8089&9125/2019 -7- APPENDIX OF CRL.MC 8089/2019 PETITIONERS’ ANNEXURES: ANNEXURE A CERTIFIED COPY OF THE COMPLAINT IN CC NO.507/2018 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT III, KOZHIKODE ANNEXURE B TRUE COPY OF THE INFORMATION PASSED ON INVOKING RIGHT INFORMATION ACT, 2005 ANNEXURE C TRUE COPY OF THE ORDER DATED 07.01.2016 PASSED IN DB CIVIL WRIT PETITION NO.10597/2015 OF THE JAIPUR BENCH OF THE HIGH COURT OF JUDICATURE FOR RAJASTHAN ANNEXURE D TRUE COPY OF THE ORDER DATED 10.05.2016 PASSED IN WP(C)NO.4542/2016 ON THE FILE OF THE HIGH COURT OF ORISSA ANNEXURE E TRUE COPY OF THE ORDER DATED 20.04.2015 PASSED IN WP.NO.8062(W) OF 2015 OF THE HIGH COURT AT CALCUTTA ANNEXURE F TRUE COPY OF THE ORDER DATED 07.07.2015 PASSED IN CWP NO.13300 OF 2015 OF THE HIGH COURT OF PUNJAB AND HARYANA