Delhi High Court Quashes FIR Against Revacure Lifesciences LLP for Lack of Jurisdiction and Prima Facie Case
FIR under Drugs and Cosmetics Act, 1940, and IPC Sections 274 and 275 deemed unsustainable; Court highlights procedural and jurisdictional lapses.
In a significant decision, the Delhi High Court, under the judgment rendered by Justice Neena Bansal Krishna, quashed the FIR filed against Revacure Lifesciences LLP and its associates. The FIR, numbered 0053/2019, was registered under Sections 274 and 275 of the Indian Penal Code (IPC) and Section 13 of the Drugs and Cosmetics Act, 1940, following allegations of supplying defective medicines. The Court ruled that the FIR was without jurisdiction and did not disclose any prima facie case.
The case originated from a complaint by M/s Bhardwaj India Private Limited, which alleged that Revacure Lifesciences LLP provided them with adulterated medicines containing foreign particles. The complainant sought legal action citing potential harm to patients. However, the Court found that the police lacked jurisdiction to register an FIR under the Drugs and Cosmetics Act, as per Section 32 of the Act, which restricts prosecution initiation to specific authorities like the Drugs Inspector or aggrieved persons.
Furthermore, the Court noted that the offences under Sections 274 and 275 IPC, which pertain to adulteration and sale of adulterated drugs, were not maintainable as no sale of adulterated drugs was proven, and the adulteration was not attributed to the manufacturer. Additionally, the Court emphasized that the FIR was barred by limitation under Section 468 of the Cr.P.C., given the failure to conclude investigations within the stipulated timeframe.
The judgment also highlighted that the dispute between the parties was essentially commercial and had been addressed in arbitration proceedings, which concluded that there was no tampering or adulteration by Revacure Lifesciences LLP. The Court concluded that continuing the investigation would be an abuse of the process of law.
Bottom Line:
IR registered under the Drugs and Cosmetics Act, 1940, by Police is without jurisdiction as per Section 32 of the Act - FIR under Sections 274 and 275 IPC is not maintainable as no prima facie case is made out and the investigation is barred by limitation.
Statutory provision(s): Drugs and Cosmetics Act, 1940 Section 32, Indian Penal Code Sections 274 and 275, Criminal Procedure Code, 1973 Sections 482, 468, 156(3), 155, 460.
This judgment underscores the critical importance of adhering to jurisdictional mandates and procedural requirements in criminal prosecutions, particularly in matters intersecting regulatory frameworks and commercial disputes.
Revacure Lifesciences LLP v. State Govt of NCT Delhi, (Delhi) : Law Finder Doc Id # 2787049
