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2022 Supreme(Guj) 1377

VAIBHAVI D. NANAVATI
Nirma Limited Thro' Ajay Bhushanlal Khushu – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Applicants :Mr. Mihir Joshi, Mr. Raheel Patel, Advocate for Gandhi Law Associates.
For the Respondents: Mr. Harsheel D. Shukla.

JUDGMENT :

1. By way of this present application under Article 226 and 227 of the Constitution of India and under section 482 of the Code of Criminal Procedure 1973, the writ applicants herein have prayed for quashing and setting aside the complaint being Criminal Case No. 4548 of 2015 lodged by the respondent No. 2 before the Chief Judicial Magistrate Court, Viramgam for alleged offences under section 16(1)(a), 18(1)(i) r/w section 34 and punishable under section 27 of the Drugs and Cosmetics Act, 1940 and the order passed by the learned Chief Judicial Magistrate, Viramgam issuing summons to the petitioners.

2. The facts giving rise to the filing of the present petition reads as under:-

2.1 The petitioner No. 1 is a company incorporated under the provisions of Company’s Act, 1956 and is engaged in the manufacturing and sale of Soda Ash, Linear Alkaline Benzene, Soaps and Detergents and Cement at various locations in the State of Gujarat and in India.

2.2 The petitioner No. 1 was also engaged in manufacturing drugs and pharmaceuticals at village Sachana Taluka Viramgam, Gujarat. The petitioner No. 2 is the accused No. 2 in the complaint being Criminal Case No. 4548 of 2015 and is th

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