KAUSHAL MAHENDRABHAI VORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Misc. Application No.13143 of 2021 has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with FIR being C.R. No.11210015210118 of 2021 registered with DCB Police Station, District Surat, for offences punishable under Ss. 308, 420, 274, 275, 34, 120(B), 468 and 471 of the Indian Penal Code, Ss. 3, 7, 11 of the Essential Commodities Act, 1955, and Sec. 27 of the Drugs and Cosmetics Act, 1940.

(2.) Learned advocate for the petitioner submitted that no police complaint can be filed for the Sec. invoked under the provisions of Drugs and Cosmetics Act, 1940. It has been submitted by learned advocate appearing for the petitioners in Criminal Misc. Application No. 13143 of 2021 that the allegations are that both the petitioners were found preparing Remdesivir Injection without any permit and bill or prescription of the qualified medical practitioner as it being a Schedule-H drug and further such preparation and sale is an absolute function of the State and on that ground the petitioners were arrested alleging that they have prepared and sold these injections just to gain huge profit by black-marketing the duplicate Remdesivir injection without any prescription from the qualified medical practitioner.

(3.) Learned APP advocate for the respondent-State submitted that there are antecedents against the petitioners of Criminal Misc. Application No.13143 of 2021 and stated that if they are released on bail then taking into consideration the current situation of Covid-19, they may continue with this illegal activities which would be affecting the life of the public at large. It was, therefore, prayed that no discretion may be exercised in favour of the petitioners.