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2023 Supreme(HP) 448

RAKESH KAINTHLA
Brijesh Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocate Appeared:
For the Petitioner:Mr. Ajay Kochhar, Sr. Advocate, with Mr. Anubhav Chopra & Mr. Vivek Sharma, Advocates
For the Respondent:Mr Jitender Sharma, Additional Advocate General with Mr. Lovely Thakur, Drug Inspector, HQ Baddi, Solan, H.P.

JUDGMENT :

Rakesh Kainthla, J.

The petitioners have filed the present petitions for seeking regular bail in complaint no. 1 of 2023 filed by the Drug Inspector, Baddi for the commission of offences punishable under Section 18(a)(i) read with Sections 17 and 17B, 18(a)(vi), 22(3) and Section 36D of the Drugs and Cosmetics Act, 1940.

2. Briefly stated, the facts giving rise to the present petitions are that the Drug Inspector received a secret information on 22.11.2022 that Mohit Bansal, who was running a business of medicines at Agra was involved in manufacturing of spurious drugs on his premises situated at Jyanti Chowk, Baddi. He would carry the spurious drugs in his vehicle. The search of the vehicle bearing registration no. UP-80—FC-7530 belonging to Mohit Bansal was conducted on 22.11.2022 at Baddi, Police Barrier. Zerodol TH4, Roseday 10 and Montair 10 tablets were recovered from his possession. He could not produce any license or authorization to carry the drugs required under the Drugs and Cosmetics Act, 1940. The search of the godown of Mohit Bansal was conducted on the same day. Atul Gupta and Vijay Kaushal were arrested for manufacturing the spurious drugs. Names of Shivom a

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