Akumentis Healthcare Pvt.Ltd. Thr. Autho. Rep. Harsh Vardhan Garg v. State Of Goa Thr. Public Prosecutor And ANR

13-WPCR-22-2022.DOC Vinita

IN THE HIGH COURT OF BOMBAY AT GOA.

CRIMINAL WRIT PETITION NO. 22 OF 2022.

AKUMENTIS HEALTHCARE PVT.LTD. THR. AUTHO. REP. HARSH VARDHAN GARG VS STATE OF GOA THR. PUBLIC PROSECUTOR AND ANR

...Petitioner.

...Respondents.

Mr. Gauravvardhan A. N. S. Nadkarni, Advocate for the petitioner.

Mr.S. G. Bhobe, Public Prosecutor for the respondents.

CORAM:

C. V. BHADANG, J.

DATE:

18th April, 2022.

P.C.:

1.

This petition can be disposed of on a short count. The challenge in this petition is to the order dated 20.9.2021 passed by the learned Addl. Sessions Judge Panaji of issuance of process against the petitioner compane and the co-accused under Section 27 of the Drugs and Cosmetics Act 1940. 2.

The contention on behalf of the petitioner is that order is unreasoned and does not show application of mind.

13-WPCR-22-2022.DOC 3.

In this case it appears that the co-accused who are Directors of the petitioner company had approached this Court in Criminal Writ Petition no.8/2022 against the said order of issuance of process. This Court by an order dated 7.3.2022 has allowed the petition qua the petitioners in the said Criminal Writ Petition no.8/2022 and the matter is remitted back to the Sessions Court for taking appropriate steps in accordance with law. Now the petitioner has filed this petition challenging the same order.

4.

In such circumstances, the petition is allowed. The impugned order issuing process against the petitioner is hereby set aside for the reasons mentioned in the order dated 7.3.2022 in Criminal Writ Petition No. 8/2022. Matter is remanded to the trial Court for taking appropriate steps in accordance with law.

5.

Writ Petition stands disposed of.

C. V. BHADANG, J.

VINITA VIKAS NAIK Date: 2022.04.20 10:02:10 +05'30'