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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T. Madhavi Devi
Sai Vishwajeet Shaw – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. complaint details of illegal sales. (Para 2) |
| 2. arguments against charges under ipc. (Para 3 , 4 , 5 , 6) |
| 3. court's reasoning on charge viability. (Para 8 , 9 , 10) |
| 4. no prohibitory orders on possession. (Para 11) |
| 5. charge sheet quashed. (Para 12 , 13) |
ORDER :
T. Madhavi Devi, J.
This petition is filed seeking quashing of the charge sheet in C.C.No.3037 of 2022 on the file of the IV Additional Metropolitan Magistrate-cum-IV Additional Junior Civil Judge, Ranga Reddy District at L.B.Nagar as against the petitioner/Accused No.3.
2. Brief facts are that respondent No.2 had complained that on 12.05.2021 at about 18.15 hours, the complainant along with patrol mobile-II staff was performing patrolling duty at Kothapet area and during the said process, they received credible information that two persons were selling Remdesivir Covid-19 emergency injections/medicines for higher price, i.e., each injection for an amount of Rs.20,000/- to the needy patients at Fruit Market, Kothapet, Chaitanyapuri and the same was informed to their superior officers and that the complainant secured two mediators and along with his staff rushed to the spot and caught accused 2 and 3 red-handedly
A public servant's complaint is mandatory for prosecuting under Section 188 IPC, and the prosecution must prove intent and action for charges under Section 420 IPC.
The prosecution must prove each element of the charged offences; mere possession of medication during a public health crisis is not sufficient for liability under IPC or related statutes.
The court ruled that proceedings against the accused were unsustainable due to lack of essential legal elements and failure to comply with mandatory complaint procedures as per law.
The endangerment of lives through the sale of spurious medical products during a pandemic is a serious offence and may lead to the rejection of bail applications.
The main legal point established is that the police have the authority to investigate offences under the Drugs and Cosmetics Act and that the involvement of offences under other statutes does not den....
The object of bail is to secure the presence of the accused at the trial and to ensure that the evidence is not tampered with and the witnesses are not threatened.
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