TMI Blog2021 (6) TMI 1090X X X X Extracts X X X X X X X X Extracts X X X X ..... s to be related to only 22 bottles. (f) The custodial interrogation of the applicant is not required at this stage, as the applicant has co-operated with the investigation. The applicant is ordered to be released on bail subject to the fulfilment of conditions imposed - the present application is allowed. - R/CRIMINAL MISC.APPLICATION NO. 19213 of 2020 - - - Dated:- 30-6-2021 - HONOURABLE MR. JUSTICE A.S. SUPEHIA MR I.H. SYED SENIOR ADVOCATE WITH MR ANIQ A KADRI FOR THE APPLICANT MR HK PATEL APP FOR THE RESPONDENT ORAL ORDER [1] Heard the learned advocates for the respective parties through video conferencing. [2] By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch no. TBHS0838, whereas the batch number of the bottles procured by the present applicant from the same company is TBHS0238. It is also submitted that the entire allegations are ill founded as the applicant has honestly interestingly done his business by running M/S A-One Medical Enterprise and all the confiscated bottles of cough syrup were recovered from the main accused. It is further submitted that the applicant is implicated into the alleged offence in view of the invoice of 50 and 22 bottles of cough syrup manufactured by Switzweo life line Orison Pharma International and Calibar Pharmaceutical respectively. It is further submitted that the invoice appears to be forged, and accordingly the applicant had also registered a complaint to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 23.06.2021 and the panchnama dated 18.09.2019. Learned APP has also invited the attention of this Court to the invoices collected by the investigating officer during the course of investigation. It is also submitted that presently the investigating officer has gathered information with regard to 50 bottles of Swirex Cough Syrup manufactured by Switzweo Life Line Orison Pharama International. While inviting attention of this Court to the invoices regarding to firm of the present application. He has submitted that the applicant is directly connected to the same. He has submitted that the invoices of the 07.09.2019 of 22 bottles, pertain to the applicants agency, i.e, A-one Medical which are purchased from the dealer Calibar Pharmaceutical ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to only 22 bottles. (f) The custodial interrogation of the applicant is not required at this stage, as the applicant has co-operated with the investigation. [8] This Court has also taken into consideration the law laid down by the Apex Court in the cases of Sushila Aggarwal vs. State (Nct of Delhi), AIR 2020 SC 831 and Siddharam Satlingappa Mhetre vs State of Maharashtra, AIR 2011 SC 312. [9] In the result, the present application is allowed. The applicant is ordered to be released on bail in the event of his arrest in connection with FIR being C.R. No II-155 of 2019 registered with Godhra Town B Division Police Station, District. Panchmahals on his executing a personal bond of ₹ 10,000/- (Rupees Ten Thousand Only) with one s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cused in the judicial custody for the purpose of entertaining the application of the prosecution for police remand. This is, however, without prejudice to the right of the accused to seek stay against an order of remand, if, ultimately, granted, and the power of the concerned Magistrate to consider such a request in accordance with law. It is clarified that the applicant, even if, remanded to the police custody, upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this anticipatory bail order. [11] At the trial, the concerned trial court shall not be influenced by the prima facie observations made by this Court in the present order. [12] The application is allowed in the afo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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