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Showing contexts for: paracetamol in Vikash Gajanand Sharma vs State Of Gujarat on 6 February, 2025Matching Fragments
[2.0] Learned advocate for the applicant submits that the applicant has nothing to do with the offence. The alleged incident took place between May, 2023 to June, 2024 and complaint is filed belatedly in the month of October, 2024, NEUTRAL CITATION R/CR.MA/24857/2024 ORDER DATED: 06/02/2025 undefined wherein it is alleged that the present applicant has received stock of paracetamol power worth Rs.2,00,75,060/-, on credit, but the amount of said stock is not paid to the complainant. With a view to rather make recovery proceedings, the civil nature of dispute has given cloak of criminality and complaint is registered. Now nothing remains to be recovered or discovered from the present applicant. Upon instructions, learned advocate has submitted that pursuant to the order dated 03.02.2025, passed by this Court, the applicant has deposited an amount of Rs.15 lakh out of 35 lakh before the learned City Civil & Sessions Court, Ahmedabad and to show his bona fide, without prejudice to his rights and contentions, applicant is ready and willing to deposit remaining 35 lakh and therefore, custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail.
[3.0] Learned Senior Advocate Mr. Mr Jal S Unwala with learned advocate Mr.Pankeet P Aundhiya and learned Additional Public Prosecutor appearing on behalf of the respondent - State have opposed grant of anticipatory bail looking to the nature and gravity of the offence. It is submitted that applicant is involved in similar type of offence and has used similar modus operandi to commit the offence. Though he has given undertaking and he has paid the amount belatedly and his intention is very clear. Applicant is having similar type of antecedent. It is submitted that he has purchased huge stock of paracetamol power worth Rs.2,00,75,060/- from the complainant on credit and sold it in the NEUTRAL CITATION R/CR.MA/24857/2024 ORDER DATED: 06/02/2025 undefined market and obtained benefit, the said amount has not been paid by him. If he released on bail, then possibility cannot be ruled out to tamper with the evidence and hence, as custodial interrogation of the applicant is required, he has requested to dismiss the present application.
(1) Offence is not punishable with life imprisonment or death penalty;
(2) Alleged offence is of May, 2023;
(3) Prima facie, the alleged transactions appears to be NEUTRAL CITATION R/CR.MA/24857/2024 ORDER DATED: 06/02/2025 undefined commercial transaction. The allegations against the applicant is that he purchased stock of paracetamol power worth Rs.2,00,75,060/- from the complainant on credit and sold it in the market and obtained benefit and the said amount has not been paid by him to the complainant. (4) Nothing is required to be recovered and discovered from the accused;