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2016 Supreme(Bom) 527

V.L.ACHLIYA
Kailash – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Applicant :Mr. S.V. Sirpurkar, Advocate.
For the Respondent: Ms. Geeta Tiwari, A.G.P.

JUDGMENT :

V.L. ACHLIYA, J.

1. The applicant/accused No. 1 has preferred this application u/s. 482 of Cr. P.C. for quashing Criminal Case No. 57/1994, pending on the file of Chief Judicial Magistrate, Bhandara as well as to set aside the order dated 26.04.2010 passed in the matter granting permission to complainant to lead secondary evidence.

2. Before appreciating the submissions advanced, it is necessary to consider few facts leading to filing of the present application. The respondent filed criminal complaint for offence u/s. 18(a)(i) r/w Section 16(a) and punishable u/s. 27(d) of Drugs & Cosmetics Act, 1940 (in short “the said Act”) as against nine accused which includes the applicant/accused No. 1 alleging therein that the accused Nos. 1 to 7 are the Directors of M/s. Dujohn Laboratories Ltd. Indore–the accused No. 9. Accused No. 8 is the employee of accused No. 9 – Company, who works in the capacity as Dy. General Manager. The accused were holding license in Form 28, bearing No. 28689 dated 22.2.89 valid upto 31.12.93. By virtue of the licence obtained, accused were permitted to manufacture for sale the Drug known as “Duneuron Injection 30 ml.” along with other products approv



































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