Law sacrosanct entity, should not be used to harass accused: Supreme Court

By Express News Service

NEW DELHI: Terming the legislation as a sacrosanct entity that exists to serve the ends of justice, the Supreme Court held that prison complaints ought to solely be initiated to fulfill the ends of justice and legislation shouldn’t be used to harass the accused. 

Quashing a criticism filed in opposition to a dealer of uncooked materials chemical compounds utilized in meals, meals dietary supplements, and medicinal preparations, a bench of Justices Krishna Murari and SR Bhat stated, “While it’s true that the quashing of a prison criticism have to be performed solely within the rarest of uncommon circumstances, it’s nonetheless the responsibility of the High Court to look into every case with nice element to stop miscarriage of justice. The legislation is a sacrosanct entity that exists to serve the ends of justice, and the courts, as protectors of the legislation and servants of the legislation, should at all times be certain that frivolous circumstances don’t pervert the sacrosanct nature of the legislation.”

The courtroom additionally stated, “While this courtroom doesn’t anticipate a full-blown investigation on the stage of a prison criticism, nonetheless, in such circumstances the place the accused has been subjected to the anxiousness of a possible initiation of prison proceedings for such a size of time, it’s only affordable for the courtroom to anticipate bare-minimum proof from the Investigating Authorities.”

The high courtroom’s ruling got here in a plea assailing Madras HC’s order dated August 23, 2021, whereby the HC had refused to quash a criticism. The criticism was filed by the Drug Inspector in opposition to the proprietor of an organization that traded uncooked supplies alleging {that a} bulk amount of pyridoxal-5-phosphate was damaged up and offered to totally different distributors. While dismissing the plea, HC opined {that a} trial was needed to establish the info of the case and had handed an order for expediting the trial. 

NEW DELHI: Terming the legislation as a sacrosanct entity that exists to serve the ends of justice, the Supreme Court held that prison complaints ought to solely be initiated to fulfill the ends of justice and legislation shouldn’t be used to harass the accused. 

Quashing a criticism filed in opposition to a dealer of uncooked materials chemical compounds utilized in meals, meals dietary supplements, and medicinal preparations, a bench of Justices Krishna Murari and SR Bhat stated, “While it’s true that the quashing of a prison criticism have to be performed solely within the rarest of uncommon circumstances, it’s nonetheless the responsibility of the High Court to look into every case with nice element to stop miscarriage of justice. The legislation is a sacrosanct entity that exists to serve the ends of justice, and the courts, as protectors of the legislation and servants of the legislation, should at all times be certain that frivolous circumstances don’t pervert the sacrosanct nature of the legislation.”

The courtroom additionally stated, “While this courtroom doesn’t anticipate a full-blown investigation on the stage of a prison criticism, nonetheless, in such circumstances the place the accused has been subjected to the anxiousness of a possible initiation of prison proceedings for such a size of time, it’s only affordable for the courtroom to anticipate bare-minimum proof from the Investigating Authorities.”

The high courtroom’s ruling got here in a plea assailing Madras HC’s order dated August 23, 2021, whereby the HC had refused to quash a criticism. The criticism was filed by the Drug Inspector in opposition to the proprietor of an organization that traded uncooked supplies alleging {that a} bulk amount of pyridoxal-5-phosphate was damaged up and offered to totally different distributors. While dismissing the plea, HC opined {that a} trial was needed to establish the info of the case and had handed an order for expediting the trial.