RAJESH KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present Application has been filed for regular bail in connection with the Complaint Case No. 1 of 2023 (Sessions Trial No.02 of 2024), pending before the Court of District and Sessions Judge, Haridwar.

(2.) The applicant-Rajesh Kumar is in judicial custody under Ss. 18 (i) (ii) (iii) (iv) (vi), Sec. 18 (c), Sec. 16, Sec. 17-A (b) read with Sec. 27 (b) (ii), Sec. 27 (d) and Sec. 30 of the Drugs and Cosmetics Act, 1940.

(3.) The case of the respondent is that the firm M/s Golden Life Sciences was a proprietorship firm of the present applicant. A licence was issued to the said firm to manufacture drug formulations. A surprise inspection was carried out of the premises of the said firm in the year, 2022 and certain samples were collected. When the testing report was received, it was found that out of nine samples, eight samples were sub-standard and one sample was misbranded. Therefore, the drug licence of the said firm was cancelled on 13/12/2022. A Criminal Complaint (Case No.23924 of 2023) was filed. The said Complaint Case is pending before the Trial Court. A surprise inspection was again conducted by a team constituted by the Drug Controller on 22/10/2023. A huge stock of semi-finished tablets, capsules and dummy granules of medicines were found. Samples were taken. Applicant-accused was arrested on 22/10/2023. A Criminal Complaint No.1 of 2023 (Special Sessions Trial No.2 of 2024) has been filed before the concerned Court on 19/12/2023.