[Cites 1, Cited by 0]
Rajasthan High Court - Jodhpur
State Of Rajasthan vs M/S J.R.S Orix Pharmaceuticals Pvt Ltd. ... on 15 January, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:2564]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Crml Leave To Appeal No. 220/2024
State Of Rajasthan, Through Pp
----Appellant
Versus
1. M/s J.r.s Orix Pharmaceuticals Pvt Ltd., 349/4, Prem
Colony Kethal Road, Karnal 132001 Through Shri
Surendra Pal Goyal Managing Director, Firm M/s J.r.s. Orix
Pharmaceuticals Pvt Ltd Resident Of 28A Gardan Karnal
2. Surendra Pal Goyal, Managing Director, Firm M/s J.r.s.
Orix Pharmaceuticals Pvt. Ltd., R/o 28-A Chaman Gardan
Karnal, Managing Director, Firm Ms J.r.s Orix
Pharmaceuticals Pvt Ltd 349/4,prem Colony Kethal Road
Karnal 132001
3. R.l. Sharma S/o R.c. Sharma, R/o 27A/l Modal Town,
Karnal Director And Manufacturing Chemist Firm M/s J.r.s
Orix Pharmaceuticals Pvt Ltd. 349/4 Prem Colony Kethal
Road Karnal 132001
4. Nathiram Verma S/o Baruram, R/o House No 28-A
Chaman Gardan Karnal Managing Director Firm Ms J.r.s
Orix Pharmaceuticals Pvt Ltd. 349/4, Prem Colony Kethal
Road Karnal 132001
5. Ravi Prakash Goyal S/o Jagdish Chandra Goyal, R/o
House No 28-A Chaman Gardan Karnal Managing Director
Firm Ms J.r.s Orix Pharmaceuticals Pvt Ltd. 349/4, Prem
Colony Kethal Road Karnal 132001
6. Shital Prakash S/o Ram Lal, R/o 662/ U.e. Karnal
Anyalitical Chemist Firm Ms J.r.s. Orix Pharmaceuticals
Pvt Ltd 349/4 Prem Colony Kethal Road Karnal 132001
----Respondents
For Appellant(s) : Mr. Surendra Bishnoi, AGA
For Respondent(s) : --
HON'BLE MR. JUSTICE FARJAND ALI
Order
15/01/2026
(Uploaded on 16/01/2026 at 02:27:32 PM)
[2026:RJ-JD:2564] (2 of 3) [CRLLA-220/2024]
1. The present application seeking leave to appeal has been
placed before this Court for consideration.
2. It is trite that the grant of leave to appeal is a condition
precedent for the admission of an appeal and such leave is
neither automatic nor a matter of right, but rests within the
discretionary jurisdiction of the appellate Court. The purpose
of seeking leave is to obtain the Court's permission to assail
the impugned judgment before the appeal is formally
entertained.
3. At the stage of consideration of leave, the Court is not
expected to undertake a detailed examination of the merits
of the case. The scope of scrutiny is confined to ascertaining
whether the proposed appeal discloses arguable issues,
raises substantial questions of law or fact, or otherwise
demonstrates sufficient cause warranting appellate
interference.
4. In a prosecution launched against the respondent, the
learned trial court after full-fledged trial acquitted the
respondent.
5. Upon perusal of the judgment impugned, there appears
reasonable grounds to permit the State to prefer an appeal
against the acquittal of the accused-respondents from the
penal provisions of the Drugs and Cosmetics Act.
6. This Court is satisfied that the proposed challenge is neither
frivolous nor vexatious and that the issues raised deserve
consideration by the appellate Court.
(Uploaded on 16/01/2026 at 02:27:32 PM)
[2026:RJ-JD:2564] (3 of 3) [CRLLA-220/2024]
7. Accordingly, the instant application seeking leave to appeal is
allowed. The memo of leave to appeal shall be treated as an
appeal and shall be registered as such.
8. Opportunity of hearing shall be afforded to the respondent at
the time of hearing on the question of admission of the
appeal.
9. Office is directed to proceed in accordance with law.
(FARJAND ALI),J
83-Samvedana/-
(Uploaded on 16/01/2026 at 02:27:32 PM)
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