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PRASANNA B.VARALE, VIBHA KANKANWADI
Arjun – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. V.D. Sapkal, Advocate
For the Respondents: Mr. K.S. Patil, A.P.P.

JUDGMENT

Prasanna B. Varale, J.—Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.

2. The petitioner, by way of present writ petition, prays for quashing and setting aside the F.I.R./ Crime No.0489/2017, registered at Pathardi Police Station, District Ahmednagar on 23.08.2017, for the offences punishable under Sections 18(c), 18(a) (I), 17(b) & 17-A(b) of the Drugs & Cosmetics Act, 1940 and under Sections 175, 274, 275, 276 and 336 of the Indian Penal Code, in pursuance of the complaint lodged by Respondent No.2 – Arjun Shivaji Sarkale, Drugs Inspector, Food & Drugs Administration, Ahmednagar.

3. The brief facts, giving rise to the petition, can be summarised as follows:

On 09.12.2016, Respondent No.2 -Atish Shivaji Sarkale, Drugs Inspector along with Mr.J.H.Shaikh, Drugs Inspector with other colleagues visited the residential premises of the petitioner found stock of allopathic tablets without any label. Respondent No.2 drawn samples for the purposes of analysis in Form No.17 on 09.12.2016. Respondent No.2 requested for an action by submitting Complaint in the Court of Chief Judicial Magistrate, Ahmednagar. The

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