Case Law Details
Torrent Pharmaceuticals Limited Vs State of Rajasthan & Vinay Mangal (Rajasthan High Court)
The Court below was swayed by the fact that the purchases were made by bills and the payment was made in the account of the seller. The Court below failed to consider the provisions of Section 19 of the Act of 1940 wherein it is provided that a person, who is dealing with the spurious drugs, is equally liable as a person who is the manufacturer thereof. The Court below clearly failed to take into account the fact that the entire purchase bills were not available with the accused-respondent and that he had not purchased the drugs from a licensed manufacturer, distributor or dealer thereof. The bail application was thus granted misreading Section 19 of the Act of 1940 and ignoring the relevant material.
The drug in question is Losar-H, which is a life saving drug, the entire sale and purchase documents were not available with the accused-respondent. The drugs were found to be spurious and the strips were having the same code whereas each strips have different code. Taking into account that the main accused, who is the manufacturer, is still at large and there is specific allegation in the charge-sheet against the accused-respondent of being part of the drugs racket, I deem it proper to allow the present bail cancellation application.
FULL TEXT OF THE JUDGMENT/ORDER OF RAJASTHAN HIGH COURT
1. Applicant-petitioner has filed this bail cancellation application under Section 439(2) of Cr.P.C.
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