PATEL SANJAYBHAI NAROTAMDAS CHATURDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocates for the respective applicants and learned APP, for the respondent-State.

(2.) These applications are filed under section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with F.I.R. registered at C.R. No. II - 15/2016 with Mahesana "B" Division Police Station for the offences punishable under Sections 18(a)(vi), 18(b), 18(c) and 27 of the Drugs and Cosmetics Act, 1940.

(3.) Considering the investigation papers supplied by learned APP during the course of hearing and upon perusing the affidavit-in-reply filed on behalf of respondent No.1, it appears that substantial investigation is over and now, the State opposes bail application in order to reach up to the kingpin of the drug, namely, Eltroxin 100 mg tablets. The applicants are the sellers of said drug in question and considering the result obtained by the Government Analyst, said drug contains "Thyroxine Sodium" 80.06% instead of 90% to 110%. Without discussing much on the aspect whether said drug is spurious/ substandard, it appears that entire material is in custody of the investigating agency and therefore, there is no likelihood of tampering with the evidence and the applicants are well placed in the society and therefore, there is no possibility or likelihood or fleeing from justice and therefore, present applications deserve consideration.