Bombay High Court
Subramanian K V & Anr vs The State Of Maharashtra on 12 November, 2020
Author: C.V. Bhadang
Bench: C.V. Bhadang
45-ABA st 4760-20
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL ANTICIPATORY BAIL APPLICATION (ST) NO.
4760 OF 2020
Subramanian K V & Anr. .. Applicants
Vs.
The State of Maharashtra ..Respondent
----
Mr. Ganesh Gole i/b. Aarif Ali M. Ali, Advocate for the
Applicants.
Mrs. P. P. Shinde, APP for the Respondent/State.
----
CORAM : C.V. BHADANG, J.
DATE : 12th NOVEMBER, 2020
(Vacation Court)
P.C.
. The applicants are apprehending their arrest in
connection with C.R. No.811/2019 of Narpoli Police Station,
District Thane, under Section 274, 275 and 276 of the IPC
and Section 17(B)(d), 17(A)(f), 27(c) of the Drugs and
Cosmetics Act, 1940.
2. The allegation is that in an inspection conducted on
24/10/2017 at Alka Laboratories Pvt. Ltd. With which the
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applicants are associated, some sub-standard drugs were
recovered.
3. The learned counsel for the applicants submitted that
except the ofence under Section 274 of IPC, all other IPC
ofences are bailable and non-cogniaable. It is submitted
that even the ofence under Section 274 of IPC which is
punishable with imprisonment for six months is a non-
cogniaible and non-bailable ofence.
4. The principal submission on behalf of the applicant is
that under the provisions of Drugs and Cosmetics Act and
in particular, Section 32 thereof, the cogniaance of the
ofence cannot be taken by a Police Offer, nor Police
Offcer is entitled to efect arrest. For this purpose, reliance
is placed on the decision of the Supreme Court in the case
of Union of India Vs. Ashok Kumar Sharma & Ors.
(Criminal Appeal No.200/2020 decided on
28/8/2020). The learned counsel has referred to the
conclusions as set out in para 150 of the judgment, in order
to submit, that even the pending FIRs prior to the
pronouncement of the said judgment on 28/8/2020 are
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required to be transferred to the Drug Inspector. In short,
the contention is that although the FIR in this case is
lodged by a Drug Inspector, the provisions of the Drugs and
Cosmetics Act envisage fling of a private complaint.
5. The learned APP seeks time to examine the legal
issue and also to take instructions on the factual aspect
and then to make appropriate statement in order to further
assist the Court.
6. For the present, the following order is passed.
ORDER
1. In the event of their arrest, in connection with investigation of C.R. No.811/2019 of Narpoli Police Station, District Thane, the applicants be released on bail on executing a P.R. Bond in the sum of Rs.25,000/- each with one or two solvent sureties each, in the like amount.
2. The applicants shall attend the concerned Investigating Offcer once in two weeks on Mamta Kale page 3 of 4 ::: Uploaded on - 12/11/2020 ::: Downloaded on - 13/11/2020 05:16:50 ::: 45-ABA st 4760-20 Monday in between 11.00 a.m. to 1.00 p.m. and as and when required by the Investigating Offcer.
3. The frst of such attendance shall be made on 23/11/2020.
4. The applicants shall co-operate with the Investigating Agency and shall not tamper with the prosecution evidence / witnesses.
5. This order shall remain in force till next date.
6. Stand over to 4/12/2020.
C.V. BHADANG, J.
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