Introduction:

In a significant ruling, the Kerala High Court has utilized its inherent powers under Section 482 of the CrPC to quash proceedings against a Homeo Doctor accused of stocking and selling medicines without proper authorization under the Drugs and Cosmetics Act. Justice Bechu Kurian Thomas asserted that the court’s inherent powers must be invoked to prevent the abuse of the legal process and to ensure justice. The decision drew inspiration from previous judgments, emphasizing the need to protect individuals from vexatious criminal prosecution.

Arguments:

The petitioner, a Homeo Doctor, faced allegations of illegally stocking and selling medicines without a license. A private complaint triggered an enquiry, revealing that the petitioner’s father, a registered medical practitioner since 1998, was associated with the clinic. The prosecution argued that the medicines were procured before the petitioner’s registration, raising concerns about the legality of the clinic’s operations. The defense, led by Advocate Reena Abraham, contended that the father’s valid medical license covered the purchase, stocking, and selling of the medicines.

Court’s Judgment:

Justice Bechu Kurian Thomas, citing the principles established in the Priyanka Mishra and Religare Finvest Ltd cases, underscored the importance of shielding individuals from unwarranted criminal prosecution. The court reasoned that even if the prosecution’s allegations were accurate, they would not constitute an offense against the petitioner. Noting that the petitioner held a valid license during the enquiry, the court found no purpose in continuing the prosecution. It ultimately allowed the petition and quashed the proceedings against the Homeo doctor.