Vinay Ramkant Sapte v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.16375 of 2019 Vinay Ramkant Sapte, Son of Late R.K,Sapte, Aged about 64 years, Director of M/s Svizera Labs Pvt., Ltd., Plot No.D-16/6, TTC Industrial Area, MIDC, Turbhe, Navi Mumbai- 400 073.

Maharashtra

...Petitioner

-VsUnion of India Represented by Drugs Inspector Office of the Deputy Drugs Control, South Zone, 2nd Floor, Shastri Bhawan, Annex Chennai - 600 006.

... Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the learned X-Metropolitan Magistrate Court, Egmore, Chennai to accept the surrender of the petitioner and consider the petition to recall the Non-bailable Warrant in C.C.No.15189 of 2014 on the file of X-Metropolitan Magistrate Court, Egmore, Chennai.

For Petitioner : Mr.R.Mohandoss For M/s.Swaminathan Law Associates For Respondent : Mr.M.Mohamed Riyaz Additional Public Procecutor

ORDER

This Criminal Original Petition has been filed to recall the Non Bailable warrant issued by the learned X-Metropolitan Magistrate Court, Egmore, Chennai by an order dated 18.06.2015 against the petitioner in C.C No.15189 of 2014.

2. The petitioner is arrayed as an accused in C.C.No.15189 of 2014, on the file of the learned X-Metropolitan Magistrate Court, Egmore, Chennai for the offences punishable under Section

32 of Drugs and Cosmetics Act, 1940 for the contravention of Section 18(a)(i) of Drugs and Cosmetics Act, 1940 and punishable under Section 27(d) of Drugs and Cosmetics Act.

3. The petitioner was absent during the trial in C.C.No.15189 of 2014, on the file of the learned X-Metropolitan Magistrate Court, Egmore, Chennai. Therefore, non bailable warrant came to be issued on 18.06.2015.

4. The learned counsel appearing for the petitioner undertake that the petitioner shall appear before the Court below regularly on all future hearing dates without fail.

5. Considering the undertaking given by the petitioner, the petitioner is directed to appear before the learned XMetropolitan Magistrate Court, Egmore, Chennai, within a period of two weeks from today and to file a petition to recall the NBW issued against the petitioner. The concerned Magistrate is directed to consider the same on merits and pass orders on the same day.

6. Accordingly, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar rka/msrm To 1.The X-Metropolitan Magistrate Court, Egmore, Chennai.

2. -do- Through' The Chief Metropolitan Magistrate, Chennai.

3. The Drugs Inspector Office of the Deputy Drugs Control, South Zone, 2nd Floor, Shastri Bhawan, Annex Chennai - 600 006.

4.The Public Prosecutor, High Court, Madras.

+1cc to M/s.Swaminathan Law Associates, Advocate SR.No.52618 Crl.O.P.No.16375 of 2019 RSK(CO) GMY(10/07/2019)