M/S Akums Drugs And ... vs T.M. Chandra Sekar And Ors
2023 Latest Caselaw 5229 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                     CRIMINAL APPLICATION NO. 412 OF 2023

M/s. Akums Drugs And
Pharmaceuticals Ltd & Anr.                                 ...Applicants
         Versus
T. M. Chandra Sekar & Ors.                                 ...Respondents
                                     ------
Mr. Sahil D. Salvi a/w Mr. Narendra Kalpoth, Mr. Sagar Redkar for
Applicants.

Mr. M.G. Patil APP, for the State/Respondents.
                                     ------

                                       CORAM : SARANG V. KOTWAL, J.
                                       DATE    : 7th JUNE, 2023.

P.C. :

1.               In this Application, the Applicants have challenged the

order dated 8th December, 2022 passed by the Metropolitan

Magistrate, 15th Court, Mazgaon, Mumbai, in CC No.1500097/

SW/2022. The learned Magistrate issued process against the

Applicants under Sections 16, 18(a)(i) punishable under Section 27(d)

of the Drugs and Cosmetics Act.


2.               Learned counsel for the Applicants submitted that the

Applicant No.1-Company is registered in Uttarakhand. The Applicant

No.2 is resident of Ashok Nagar, Roorkee, Haridwar. Thus, it is

Bhalchandra


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undisputed that the Applicant No.2 is resident of the area outside the

jurisdiction of the Trial Court, who had issued the process. He

submitted that Section 202 of Cr.P.C. mandates inquiry in such cases

where the accused is residing outside the jurisdiction of the Trial

Court. Learned counsel relied on the Judgment of the Hon'ble

Supreme Court in the case of Vijay Dhanuka and Ors. Vs. Najima

Mamtaj and Ors., as reported in (2014) 14 SCC 638. His other

contention was that the complaint was filed beyond the period of

limitation and that there are no specific averments against the

Applicant No.2 in the complaint besides the general averment that he

was responsible for day to day activities of the firm and was

responsible for conduct of business of the accused No.1.


3.               Considering these submissions, it is necessary to hear the

other side. Hence, the following order :


                                     ORDER

i. Issue notice to the Respondents, returnable on 25th July, 2023.

ii. Stand over to 25th July, 2023. Till then, there shall be ad-

interim relief in terms of prayer clause (b).

(SARANG V. KOTWAL, J.)

Bhalchandra