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Hashmukhlal D. Vora vs. State of Tamil Nadu

Criminal Appeal · 2022 INSC 1294Decided 16 Dec 2022
Criminal Appeal No. 2310 of 2022
Krishna Murari · S. Ravindra Bhat

Background

The appellants, a chemical trader and his son, purchased 75 kg of a chemical (pyridoxal-5-phosphate) and repackaged it into smaller quantities for sale to drug manufacturers. Years later, a Drug Inspector alleged this repackaging amounted to unlicensed "manufacturing" under the Drugs and Cosmetics Act, 1940, and filed a complaint nearly four years after the initial inspection, with no evidence recovered from the appellants' premises. The Madras High Court declined to quash the complaint, saying the issues were factual and had to be tried.

Decision Breakdown

The Supreme Court held that the substance in question was classified as "food" under the Food Safety and Standards Act and Regulations, not exclusively as a "drug," and that dual-use substances like this were exempt from the relevant licensing chapter of the Drugs and Cosmetics Act under Schedule K and Rule 123. It also noted the appellants already held a valid Wholesale Drug License in any event, and that the prosecution had produced no scientific or other evidence to support its allegations even four years after the initial inspection: an unexplained, inordinate delay that, combined with the lack of evidence, indicated the complaint was not bona fide. Applying the guidelines from State of Haryana vs. Bhajan Lal on when courts can quash complaints, the Court set aside the High Court's order and quashed the criminal proceedings.

Lesson Learnt

A criminal complaint can be quashed at the threshold when the allegations, even taken at face value, do not disclose an offence, or when prosecuting authorities sit on a case for years without producing any real evidence. Courts should not let vague or stale allegations force an accused person through a full trial merely because the underlying facts are technically disputed.

Official source (sci.gov.in)View Judgment (PDF)

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