BOMBAY HIGH COURT
Valmiki Menezes, J.
CMG Bioteck Pvt. Ld. (M/s.) Kangra (H.P.) v. State of Goa
1. Registry to waive office objections and register the matter.
2. Heard learned Counsel for the parties.
3. Rule. Rule is made returnable forthwith at the request of and with the consent of the learned Counsel parties.
4. By this common judgment, I propose to dispose of these two Writ Petitions. In Criminal Writ Petition No.78 of 2023, the order challenged is dated 05.04.2021 passed by the JMFC, Margao in Criminal Case No.AOA / 601 / DCA / 2020 / II while in Criminal Writ Petition No. 313 of 2024 the order challenged is dated 21.09.2022 passed by the JMFC, Pernem in Criminal Case No.AOA / 21/2022. Both these orders issue process against the Petitioners, on a complaint filed by the State of Goa through the Drugs Inspector, Directorate of Foods and Drugs Administration, seeking prosecution of the Petitioners under S.32(2) and S.36 of the Drugs and Cosmetics Act, 1940.
5. he two main contentions pressed in this petition are that the impugned order of issuance of process has been passed by the Magistrate without supplying any reasons for issuing process and, the order issuing process has been passed without conducting a mandatory inquiry under S.202 of the, CrPC, considering that the
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