Bombay High Court
Alkem Laboratories Ltd Through Its ... vs The State Of Maharashtra on 21 April, 2026
(1) Production-3-cwp-517-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 517 OF 2026
ALKEM LABORATORIES LTD THROUGH ITS AUTHORIZED
OFFICER DIVYA MEWANI
VERSUS
THE STATE OF MAHARASHTRA
...
Mr. Sanjeev Deshpande, Senior Advocate a/w Mr. Arun Siwach,
Mr. Swapnil Joshi and Ms. Priyanka Deshpande i/by M/s. J. P.
Legal Associates, Advocate for the Petitioner.
Mr. S. D. Ghayal, APP for Respondents-State.
...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : 21st APRIL, 2026. P.C.:-
1. Heard.
2. Issue notice to respondents, returnable on 16.06.2026. The learned AGP waives notice for respondent.
3. Mr. Deshpande, learned Senior Advocate appearing for petitioner relying upon observations of Supreme Court in case of Union of India Vs. Ashok Kumar Sharma and Others 1 and observations of this Court in case of C. B. Healthcare & Ors. Vs. Union of India2 submits that there is no provision in Drugs and Cosmetics Act, 1940 which expressly authorises Special Court to take cognizance of offence under Chapter IV. Therefore, it was mandatory to follow provision of Chapters XV and XVI of Code of Criminal Procedure. He would, therefore, urge that order issuing process is patently illegally.
1 (2021) 12 SCC 674.
2 2026 SCC Online Bom 2209.
(2) Production-3-cwp-517-2026.odt
4. Considering submissions advanced, there shall be ad-interim relief in terms of prayer Clause (E).
(S. G. CHAPALGAONKAR) JUDGE Devendra/April-2026