2021 (2) TMI 376

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....wali, Jaipur, for offence under Sections 420, 467, 468, 471, 476, 120-B of I.P.C. read with Section 17B(e), 18(a)(i), 18(a)(vi), 18(c), 18A, 18(b), 27A, 27(b)(ii), 27(c), 27(d), 28, 28A of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as the "Act of 1940").   3. It is contended by counsel for the applicant that the Court below has erred in granting bail to the accused-respondent. It has based its order on wrong interpretation of the provisions of the Act of 1940. It is contended that under Section 19(3) of the Act of 1940, a person, not being the manufacturer of a drug or cosmetic or his agent for the distribution thereof, shall not be liable for a contravention of Section 18 if he proves - (a) that he acquired....

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....pondent. Every purchase bill was not supplied to the Investigating Officer. It is also contended that for the sake of showing their genuineness, few bills and payment records were kept by the accused-respondent. It is also contended that strips that were seized were having the same code, the distributor ought to know that each strips have different code. It is revealed from the record that thousand of strips were sold without there being any purchase documents and the details of such sale and purchase were not available in the ledger of the accused-respondent, which points out to the accused having knowledge that the drugs were spurious. 5. It is further contended that the charges have been framed against the accused-respondent and one o....

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....cretion granted in his favour by tampering with evidence. Reliance has also been placed on Prabhakar Tewari Versus State of U.P. & Anr. reported in JT 2020(2) 1 SC 72 wherein it was held that even if the offence is grave and serious and there are several criminal cases pending against the accused, these factors by themselves cannot be the basis for refusal of prayer for bail. 7. In rebuttal to the arguments advanced by counsel appearing for the accused-respondent, it is contended that it is not necessary that only the complainant can file a bail cancellation application. Counsel for the applicant has placed reliance on Gurcharan Singh & Ors. (supra). Counsel has also placed reliance on The State of Andhra Pradesh Versus Veterinary Divisi....