Bombay High Court
Santosh Shrinath Pandey vs The State Of Maharashtra on 21 December, 2018
Author: Prakash D. Naik
Bench: Prakash D. Naik
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ISM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2572 OF 2018
Santosh Shrinath Pandey ....Applicant
Vs.
The State of Maharashtra ....Respondent
Mr. Sunny Waskar Advocate for the applicant
Mr. S. R. Agarkar APP for the State.
Mr. Vijay Takke, PSI, Navghar Police Station
CORAM : PRAKASH D. NAIK, J.
DATED : 21st DECEMBER, 2018
P.C.
Applicant is apprehending arrest in crime no. I-315 of 2018
registered with Navghar Police Station on 24/08/2018 for offence
punishable under section 420, 463, 464 r/w 34 of the Indian Penal
Code and sections 18 (c), 18 (a) and 17 (V1) of the Drugs and
Cosmetics Act, 1940.
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2 The prosecution case is that the complainant had raided the
shop premises of the applicant and found that he had purchased the
drug named ImmunoRel (For IV use) from Medicade Drug House,
Indore and Charu Pharmacy, Kolkata. He was asked to recall the
drugs. Pursuant to letter issued by Drug House stating clarification
about the cosmetic and rectification of the bills, complainant
proceeded to Andheri for the purpose of investigation. After recalling
the drugs the stock that was recalled was seized by the complainant.
Applicant has preferred application for anticipatory bail before the
Sessions Court which has been rejected.
3 The case of the prosecution is that the information was
received whether drugs sold to be Rajasthan Government were sold
in retail market by removing the endorsement on cartoon of
"Rajasthan Government supply not for sale". There was no price
printed on the cartoon, however, it was written as MRP Rs.
14697.90/- on small sticker which was pasted on the packet. The
applicant's contention is that there is nothing to attribute that he
had knowledge that the drugs were not meant for sale. He had
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disclosed the source of the drugs and the sticker was already
removed when the applicant had received the stock. It is further
contended that the MRP sticker was also removed before the stock
was received by the applicant. It is submitted that the applicant is
willing to co-operate with the investigation by attending the
Investigating Officer.
4 The learned APP, however submitted that the drugs which
were not meant for sale, sold in the market. It is submitted that the
sticker not for sale was removed and sticker of MRP was found
pasted on the drugs.
5 Considering the aforesaid circumstances, presently applicant
can be protected to co-operate with the investigation by reporting
investigating officer and tendering explanation with requisite
documents, if any.
ORDER
(I) In the event of arrest of the applicant in connection with ::: Uploaded on - 24/12/2018 ::: Downloaded on - 25/12/2018 23:04:50 ::: 4 902.2572.18 aba.doc crime no. I-315 of 2018 registered with Navghar Police Station, the applicant be released on bail on furnishing P.R. Bond in the sum of Rs. 25,000/- with one or more sureties in the like amount.
(II) Applicant shall report to Investigating Officer on 24 th, 26th and 27th of December 2018 between 11.00 a.m. to 01.00 p.m. (III) Stand over to 15/01/2019.
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