Bombay High Court
Saurabh Sudhakar Mogarkar vs The State Of Mah. Thr. Pso Kalamb, Dist. ... on 14 July, 2021
Author: Amit B. Borkar
Bench: V.M. Deshpande, Amit B. Borkar
Judgment 1 apl646.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 646/2021
Saurabh Sudhakar Mogarkar,
Aged about 24 years, Occ. At present Nil,
R/o. Garden Chauk, Khatib Layout, Ward - 6,
Kalamb, District Yavatmal 445401 .... APPLICANT
// VERSUS //
1] State of Maharashtra,
Through Police Station Officer,
Kalamb, District Yavatmal
2] Savita Bhaskar Datir,
Aged about 45 years, Occ. Drug Inspector,
Food and Drug Administration,
Yavatmal .... NON-APPLICANT(S)
*******************************************************************
Shri A.S. Siddiqui, Advocate for the applicant
Shri T.A. Mirza, APP for the non-applicant no. 1
*******************************************************************
CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.
JULY 14, 2021
JUDGMENT :(PER:- AMIT B. BORKAR, J.) 1] Heard.
2] RULE. Rule made returnable forthwith. 3] This is an application under Section 482 of the Code of Criminal
Procedure challenging registration of F.I.R. No. 218/2021 dated 08/05/2021 registered with the non-applicant no. 1 - Police Station for the offences punishable under Sections 420, 188 and 34 of the Indian Penal Code, Section ::: Uploaded on - 16/07/2021 ::: Downloaded on - 16/07/2021 22:47:52 ::: Judgment 2 apl646.21.odt 26 of the Drug Control Act, Sections 3(ii)(c) and 7(i)(a)(2) of the Essential Commodities Act & Sections 18(c), 27(b)(ii) and 28 of the Drugs and Cosmetic Act.
4] The first information report came to be registered against the applicant with the allegations that on 08/05/2021, a trap was laid after receiving secret information that certain persons are engaged in selling of Remdesivir Injection at higher rates. It is alleged that therefore assistance from the Department of Food and Drugs was sought by the Investigating Agency and a trap was laid. In the said raid, the accused nos. 1 and 2 were found with Remdesivir Injection in front of panchas. The said accused were caught red handed while selling Remdesivir Injection to a fake customer. During enquiry with the said accused, it was revealed that the said accused procured Remdesivir Injection from the applicant. The Investigating Agency therefore arrested the present applicant and the present applicant led them to another accused Bilkis Bano who was working in the hospital at Yavatmal. The Investigating Agency took search of Bilkis Bano from whom the applicant had procured Remdesivir Injection and seized the medicines worth Rs. 1,72,000/- and other goods. On enquiry, it was revealed that the accused persons had no licence to sell Remdesivir Injection. The accused were therefore booked under the provisions of the Indian Penal Code, the Essential Commodities Act and the Drugs and Cosmetic Act. The applicant has therefore challenged registration of the first information report by way of the present application.
::: Uploaded on - 16/07/2021 ::: Downloaded on - 16/07/2021 22:47:52 :::
Judgment 3 apl646.21.odt 5] Learned advocate for the applicant submitted that the applicant
is not at all concerned with the alleged black-marketing of Remdesivir Injection, but still he is named in the first information report. He submitted that there is no seizure of Remdesivir Injection from him and there is no transfer of money between him and another accused. He submitted that from the allegations in the first information report, the ingredients of the offences alleged against the applicant are not fulfilled.
6] We have carefully considered the allegations in the first information report. The allegations against the present applicant are to the effect that the accused nos. 1 and 2 who were caught red handed while selling Remdesivir Injection had procured the said injection from the applicant and the applicant had procured the said injection from another accused Bilkis Bano. Taking into consideration the allegations in the first information report against the applicant, we are of the view that the prosecution needs to be given an opportunity to investigate into the role of the applicant. At this stage, at its threshold, the investigation cannot be throttled by quashing the first information report in relation to the offence of sale of Remdesivir Injection - A Life Saving Drug. This Court and the Hon'ble Supreme Court at the relevant time had taken judicial notice of selling of Remdesivir Injection at higher rates and had issued directions against the Law Enforcement Agencies to take immediate steps to prevent black- marketing of Remdesivir Injection. Therefore, it is necessary that the Investigating Agency needs to be given an opportunity to investigate into the ::: Uploaded on - 16/07/2021 ::: Downloaded on - 16/07/2021 22:47:52 ::: Judgment 4 apl646.21.odt allegations against the applicant and other accused. The Hon'ble Supreme Court has time and again observed that extra-ordinary power under Section 482 of the Code of Criminal Procedure should be exercised sparingly and with great caution. The inherent power under Section 482 of the Code of Criminal Procedure ought not to be exercised to stifle a legitimate prosecution. It is not necessary to scrutinize the allegations for the purpose of deciding whether such allegations are likely to be accepted in the trial. For quashing of the first information report, at its threshold, it is not permissible to consider the truth or otherwise of the allegations against the accused. 7] In our considered view, it is not possible, at this stage, to stifle the investigation in relation to serious allegations against the applicant of being engaged in black-marketing of Remdesivir Injection. Taking overall view of the matter, we are satisfied that this is not a fit case to exercise power under Section 482 of the Code of Criminal Procedure.
8] Hence, the criminal application is dismissed. Rule is discharged. Pending application(s), if any, stand(s) disposed of.
(JUDGE) (JUDGE)
ANSARI
::: Uploaded on - 16/07/2021 ::: Downloaded on - 16/07/2021 22:47:52 :::