Excelsior Correspondent
JAMMU, Dec 28: 3rd Additional Sessions Judge Jammu Subash Gupta has rejected the bail applications of Amit Bansal, Uma Sharan Gupta, Sachin Attri, Mukesh Kumar and Dushayant Singh of Apka Dawa Bazaar & Sanyog Enterprises situated at Akhnoor Road, who have been booked for selling spurious drugs.
After hearing APP Sanjay Kohli, the court observed, “on perusal of the allegations as made in the present complaint and documents enclosed it appears that a grievance was laid with the management of Abbot Health Care Pvt Ltd by one Munish Aggarwal, who felt dizziness, after consuming medicine namely ‘Stemetil-MD Batch No. KAWB7075’, which, he purchased from business concern belonging to accused”.
“Immediate after receiving of grievance/complaint, the management of the Abbot Health Care Pvt Ltd approached the Deputy Controller, Drugs and Food Control Organization, who was constituted a team of Drug Inspectors including the complainant -Sanjay Bhat for investigation”, the court further observed, adding “the team inspected the premises of accused namely Apka Dawa Bazaar & Sanyog Enterprises situated at Akhnoor Road and seized 11 strips of medicines namely Stemetil-MD Batch No. KAWB7075”.
During the course of investigation, it came to the fore that all the accused have engaged themselves in keeping in stock, supply, sale and distribution of Stemetil-MD Batch No. KAWB7075′. However, this batch of medicine was never manufactured by the Abbot Health Care Ltd.
Accordingly, the cognizance for commission of offences as defined under Section 17 B (e) & made punishable in terms of Section 27 (c) of the Drugs & Cosmetics Act was taken by the court and process was ordered to be issued against the accused.
After hearing both the sides, the court observed, “there are reasonable grounds for believing that the applicants/accused are not guilty for such offences. Simultaneously, no opinion can be drawn that they would not commit any offence, while, on bail”, adding “the applicants/accused are not held entitled to be released on bail as there is a specific bar contained in the provisions of Section 36 AC of The Drugs & Cosmetics Act,1940 in this regard”.
With these observations, court rejected the bail application.
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