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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
M.M.NERLIKAR
Agron Remedies Pvt. Ltd. – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
M.M. NERLIKAR, J.
1. Heard the learned counsel appearing for the petitioners and the learned APP for respondents/State.
2. At the outset, the learned counsel for the petitioners submits that the discharge application filed by the petitioners is pursuing the wrong remedy. In-fact, the said remedy is not available in summons case, therefore she does not press prayer clause (B) of the petition. She presses prayer clauses (C) and (D) which read as under:-
“(C) Be pleased to quash and set aside the Criminal Com-plaint bearing R.C.C. No.53 of 2023 pending on the file of the learned Chief Judicial Magistrate, Amravati.
(D) Be pleased to quash and set aside the order issuing process dated 13.02.2023 passed below Exh.-1 in R.C.C. No.53 of 2023 pending on the file of the learned Chief Judicial Magistrate, Amravati.”
3. The learned counsel for the petitioners submit that the order of issuance of process is a stamp order which shows non-application of mind. In-fact, when complaint was filed, it was expected from the Magistrate to apply the mind and by giving brief reasons order of issue process ought to have been passed. However, by passing the cryptic order, the Magistrate failed to appl
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Drugs and Cosmetics - Criminal Proceedings quashed - Statutory right of petitioner for retesting drugs in question under sections 25(3) and 25(4) of Act has been violated by respondent and learned tr....
The expiry of a drug sample before testing negates the prosecution's case, impacting the accused's right to challenge the evidence.
The judgment establishes that a valuable right to re-test a drug sample, as provided under Section 25(4) of the Drugs and Cosmetics Act, cannot be denied without due process, and failure to comply wi....
The main legal point established in the judgment is the right of the accused to have a sample tested under Section 25 of the Drugs and Cosmetics Act and the consequences of delay in testing, which ca....
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