Salcete Pharma (Now Known As Ms. Drogaria Salcete) And 4 ORS v. Drugs Inspector ( Akshada S. Shetgaonkar) And ANR

1-WPCR-77-2022.DOC Maria S.

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO.77 OF 2022 Salcete Pharma (now known as Ms Drogaria Salcete) And 4 Ors.

... Petitioners

Versus

Drugs Inspector (Akshada Shetgaonkar) And Anr.

... Respondents Mr Arun De Sa with Mr Sahil Sardessai, Advocates for the Petitioners.

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

CORAM:

M. S. KARNIK, J.

DATED :

6th MARCH 2023 P. C.

1.

The petitioners are the original accused no. 10 to 14. The controversy is regarding issuance of process which, according to the learned counsel for the petitioners, was issued without proper application of mind.

2.

My attention is invited to the order dated 07.03.2022 in Criminal Writ Petition No.8/2022 and the order dated 18.04.2022 in Criminal Writ Petition No.22 of 2022 passed by this Court in the petition filed by the co-accused. Considering that the petitioners are a part of the same complaint and the nature of the impugned order passed being similar to the one passed in the writ petitions referred to 6th March 2023

1-WPCR-77-2022.DOC hereinabove, even the impugned order in this petition will have to be set aside.

3.

The petition is allowed. The impugned order in this petition is set aside. The matter is remanded to the trial court for taking appropriate steps in accordance with law. M. S. KARNIK, J.

MARIA SUZANA REBELLO SUZANA REBELLO Date: 2023.03.06 18:08:13 +05'30'

6th March 2023