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2018 Supreme(Bom) 1234

T.V.NALAWADE, VIBHA KANKANWADI
Rajkumar S/o Ratanlal Tibdewala – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. D.S. Bharuka
For the Respondent: Mr. S. J. Salgare

ORDER :

1. Both the proceedings are filed for the relief of quashing of FIR No.176/2018 registered with Kranti Chowk Police Station, Aurangabad for the offences punishable under Sections 464,465, 468, 469, 471, 473, 476 read with Section 34 of the Indian Penal Code and Section 18(c)(vi) and 27(d) read with Rules 65(5) of the Rules Frames under the Drugs and Cosmetic Act 1940.

2. Both the sides are heard.

3. The applicants from the first proceedings are partners of Pharmaceutical Shop and they are in wholesale business of medicines of many Companies. They were doing this business in the name and style as ''Manish Agency'' at Aurangabad. The applicant from second proceeding is a Medical Representative and he was working for manufacturing Company Biocon Limited'.

4. The crime is registered on the basis of report given by a Drug Inspector Shri. Nimse. There was specific information against Manish Agency to the department that it was creating false record of sale in the name of Doctors and Retailers and it was selling medicines to third party. Shri. Nimse visited Manish Agency business place with staff on 01.08.2017 and inspected the record.

5. During the inspection the Drug Inspector came a


























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