Avoid red tapism, Karnataka HC raps authorities over delay in registration of case
Bengaluru, Oct 8: Quashing a case pending before a special court, the Karnataka High Court has castigated the authorities for unnecessary delay in taking action that leads to the accused going scot-free.
A case was registered by the Drug Inspector-1 Bengaluru under the Drugs and Cosmetics Act, five years and seven months after it got a laboratory report that the Assay for Folic Acid' that was being sold was "Not of Standard Quality."
"In the case at hand, the crime itself is registered after 5 years and 7 months of receipt of report of the sample from the hands of the Laboratory. Therefore, such delay which generates statutory bar could not have been condoned on the specious plea of the prosecution awaiting unnecessary sanction or permission on a misreading of the statute," the high court said allowing the petition filed by the company and its two directors for quashing the case against them.
Ms Emcure Pharmaceuticals Ltd, its MD Satish Ramanlal Mehta and director Mahesh Nathalal Shah approached the high court with their petition.
On January 5, 2012 the Drugs Inspector had visited Tulasi Pharma and taken sample of a drug manufactured by Emcure. The sample was sent for tests to the Drugs Testing Laboratory in Bengaluru.
The report on January 27, 2012 stated the drug was "Not of Standard Quality." Notice and letters were addressed to the company which denied the allegation.
The Drugs Inspector sought permission from the Drugs Controller to file a case against the company. On December 8, 2017, the Drugs Controller gave the necessary permission. A case was registered on January 2, 2018.
The Special Court for Economic Offences condoned the delay and took cognisance of the offence on March 20, 2018.
The accused approached the Sessions Court, which also upheld condoning the delay. The company and the directors then approached the high court. Justice M Nagaprasanna gave his judgement recently.
The judge noted that Section 468 of the Criminal Procedure Code bars courts from taking cognizance after lapse of the period of limitation.
The period of limitation is mandated to be one year if the offence is punishable with imprisonment for a term not exceeding one year. The limitation period is three years if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
The provisions of the Drugs and Cosmetics Act under which the complaint was filed against the company and its directors carried a maximum punishment of two years. The HC therefore noted that the complaint was registered "3 years and 8 months after the period of limitation was over."
The HC judge said that in exceptional circumstances the court can condone the delay. But on the case on hand, Section 468 of CrPC would be applicable.
He allowed the petition and quashed the case pending before the lower court. It had some advice for the authorities too.
"It becomes necessary to direct the competent authority to register the crime in such cases, in quick succession and not resort to red tapism and let the alleged guilty go scot-free on the plea of limitation. The Authority should also necessarily peruse and understand the statute for registration of crimes in such matters, as delay will defeat the very object of penal action under the statute and it is always said that "procrastination is the thief of time," the court said.
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Karnataka: SP’s gunman among two arrested for extorting money from rice smuggler
Ballari (Karnataka) (PTI): An armed police constable serving as the district superintendent of police’s personal gunman, along with his accomplice, was arrested for allegedly extorting money from a rice smuggler, police said on Friday.
Devaraj, who had been serving as the SP’s gunman for the past four and a half years, was identified as the mastermind behind the incident.
Following an investigation, Devaraj and his accomplice Sairam were arrested on May 6, while efforts are underway to nab a third accused, Gadilinga, a practising advocate in Ballari, who is absconding, police said.
The matter came to light after a complaint was filed by Sharabappa, a habitual offender allegedly involved in illegal rice transport, they added.
According to police, the incident occurred on the intervening night of April 27 and 28, when a group of masked men intercepted Sharabappa’s rice-laden vehicles near the Moka forest area.
The accused allegedly introduced themselves as members of an “SP squad”, threatened to seize the vehicles and file criminal cases, and demanded money to avoid legal action.
Police said the accused initially demanded Rs 5 lakh and later extorted around Rs 3 lakh from the complainant.
Investigation revealed that Devaraj was the main person involved in demanding and collecting the money, while Sairam and Gadilinga were also involved in the offence. Sairam was allegedly involved in similar activities earlier as well.
Devaraj and Sairam were arrested under Sections 308(2) (extortion) and 3(5) (common intention) of the Bharatiya Nyaya Sanhita.
Police also seized the extorted cash, the four-wheeler, and mobile phones allegedly used in the crime. Efforts are underway to trace Gadilinga.
Addressing a press conference, Ballari Superintendent of Police Suman D Pennekar described the incident as a serious offence that has tarnished the image of the police department.
"There is no official ‘SP squad’ or ‘DSP squad’ operating in the district. Such labels are often misused by impostors or corrupt individuals to commit extortion," the SP clarified.
She said no involvement of other police officers has been found so far.
Departmental proceedings have been initiated against Devaraj, and suspension proceedings are underway. The SP added that strict action will be taken against anyone involved in such offences.
Police said Sharabappa, the complainant, is a known habitual offender involved in illegal rice smuggling, and several cases have already been registered against him in the Moka and Peddihalli areas. A separate case has also been registered against him in connection with rice smuggling on the night of the incident.
Authorities are also exploring the possibility of initiating externment proceedings against him under applicable legal provisions.
The SP urged the public to report any extortion attempts by persons claiming to be part of an “SP squad”, assuring that the identity of informants will be kept confidential.
