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2014 Supreme(Bom) 2370

M.L.TAHALIYANI
M. S. Theivendran – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For Appellant: Yusuf Iqbal Yusuf Neville Majra i/b. Yusuf and Associates
For Respondents: A.R. Patil, A.P.P.

JUDGMENT

M.L. Tahaliyani, J.

1. This application under Section 482 of the Criminal Procedure Code has been filed for quashing the proceeding pending against the applicants in the court of learned Chief Judicial Magistrate, Thane vide Criminal Case No.357/2011. The said criminal case has been filed against the applicants and accused No.4 by respondent No.2, who was working as a Drug Inspector, attached to office of the Joint Commissioner, Food and Drug Administration, Maharashtra State, Thane-400 604. Applicant No.5 is a registered firm. Applicant No.1 is a Managing Partner. Applicant Nos.1 to 5 were arrayed as accused Nos.1 to 3, 5 and 6 in Criminal Case No.357/2011 pending in the court of learned Chief Judicial Magistrate, Thane.

2. The complainant/respondent No.2 had alleged that applicant No.5 had manufactured 'Bioclin, Prebiotic & Probiotics Sachets 1 gram', which were not of standard quality. It was alleged that total Viable count of Anaerobic Bacteria in the sample was less than the permissible limits. It is admitted position that applicant No.1 was Managing Partner of applicant No.5. Applicant Nos.3 and 4 were employees of applicant No.5 and applicant No.2 is a sleeping dormant
















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