MAHESH CHANDRA SOMANI Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first application under Section 439, Cr.P.C. for grant of bail in connection with Crime No. 335/2019, registered at Police Station-Sadalpura, District-Dhar, for commission of the offences under Section 420 of the IPC and Sections 18(c) and 27 of the Aushadhi Evam Prasadhan Samgri Adhiniyam, 1940 alongwith Section 24 of M.P. Rajya Ayurvigyan Parishad Adhiniyam.

(2.) As per prosecution story, it is alleged that the applicant run a clinic in the name of Maheshwari Clinic. The allegation against the applicant is that he practice there withing having any proper degree.

(3.) Learned Senior Counsel for the applicant submitted that the applicant is innocent and he has falsely been implicated in the present crime. It is also submitted that the applicant is an Ayurvedic and Unani Medical practitioner and has been running his clinic for past 25 to 30 years. The applicant neither have used any allopathic or prohibitive medicines for treatment of person in his clinic nor he kept the same for any purpose and the Unani and other Ayurvedic medicines, which have been seized from the clinic of the applicant were not for sale and were for the purposes of clinical treatment only, for which no license is required. The applicant is in custody since 30/10/2019.