Early Times Report
JAMMU, Dec 28: 3rd Additional Sessions Judge Jammu Subash Gupta rejected the bail applications of Amit Bansal, Uma Sharan Gupta, Sachin Attri, Mukesh Kumar & Dushayant Singh of Apka Dawa Bazaar & Sanyog Enterprises situated at Akhnoor Road for selling Supurious Drugs.
Court after hearing APP Sanjay Kohli appearing for the State observed that On perusal of the allegations as made in the present complaint, documents enclosed in support of those and on going through the other relevant record lying on the present complaint file, it appears that a grievance was laid with the management of Abbot Health Care Pvt Ltd by one Munish Aggarwal,who felt dizziness, after consuming medicine namely 'Stemetil-MD Batch No. KAWB7075', which, he purchased from business concern belonging to accused 1 to 14. Immediate after receiving of afore mentioned grievance/complaint, the management of the Abbot Health care Pvt Ltd approached the Deputy Controller, Jammu, Division Drugs and Food Control Organization, Jammu, who constituted a team of Drug Inspectors including the complainant -Sanjay Bhat for investigation, in this regard. Thereafter, they appear to have inspected the premises of accused No. 1 to 14 namely Apka Dawa Bazaar & Sanyog Enterprises situated at Akhnoor Road Jammu and seized 11 strips of medicines namely Stemetil-MD Batch No. KAWB7075'. Consequent thereupon, a thorough investigation was made, in the matter
Court after hearing both the sides observed that In existence of the afore detailed order of cognizance, relating to commission of offences as defined under sections 17 B (e) & made punishable under section 27 (c) of The Drugs & Cosmetics Act, 1940, it is not only difficult rather impossible for this court to return a finding, at this stage, as to recording of satisfaction that there are reasonable grounds for believing that the applicants/accused are not guilty for such offences. Simultaneously, no opinion can be drawn that they would not commit any offence, while, on bail. Hence, having drawn such an inference by me, applicants/accused are not held entitled to be released on bail as there is a specific bar contained in the Provisions of Section 36 AC of The Drugs & Cosmetics Act,1940, in this regardWith these observations court rejected the bail application. —JNF |
