UMA SAKET KEJRIWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Apprehending the arrest, the applicant herein seeks anticipatory bail under Sec. 438 of the Code of Criminal Procedure, 1973, in connection with the FIR being C.R. No. 11210048200807 of 2020 registered with Umra Police Station, Dist.: Surat City, for the offences punishable under Ss. 406, 120(b), 114 of IPC, 18(c) of the Drugs and Cosmetics Act, 1940, Rule 65(5)(1), 65(5)(i), 65(6) of the Drugs and Cosmetics Rules 1945 and under para-26 of the Drugs (Price control) Order, 2013.

(2.) The facts and circumstances giving rise to filing of present application is that, the applicant Uma Kejriwal, is Proprietor of M/s. Sarthak Pharma, doing whole sale business of pharmaceuticals at Surat, for which licence was being issued under the provision of Drugs and Cosmetics Act, 1940 and Rules thereunder. The office of Food and Drug Control Administration at Surat, received an information that the accused herein in connivance with the co-accused, engaged in black marketing of essential medicines like "Tocilizumab" Injections, which is essential for the patient of Covid-19. In the first wave of pandemic Covid-19, there was a scarcity of the said drug in the open market and it was under control of the State Government, so that no one can black marketing it and take financial advantage from the needy patients.

(3.) The applicant herein moved an application for pre-arrest bail before the learned Sessions Judge at Surat, which came to be rejected by reasoned order.