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TMI Blog2021 (2) TMI 376X X X X Extracts X X X X X X X X Extracts X X X X ..... 19 of the Act of 1940 wherein it is provided that a person, who is dealing with the spurious drugs, is equally liable as a person who is the manufacturer thereof. The Court below clearly failed to take into account the fact that the entire purchase bills were not available with the accused-respondent and that he had not purchased the drugs from a licensed manufacturer, distributor or dealer thereof. The bail application was thus granted misreading Section 19 of the Act of 1940 and ignoring the relevant material. The drug in question is Losar-H, which is a life saving drug, the entire sale and purchase documents were not available with the accused-respondent. The drugs were found to be spurious and the strips were having the same code whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or cosmetic or his agent for the distribution thereof, shall not be liable for a contravention of Section 18 if he proves (a) that he acquired the drug or cosmetic from a duly licensed manufacturer, distributor or dealer thereof; (b) that he did not know and could not, with reasonable diligence, have ascertained that the drug or cosmetic in any way contravened the provisions of that section; and (c) that the drug or cosmetic, while in his possession was properly stored and remained in the same state as when he acquired it. 4. It is also contended that M/s. Darsh Pharma purchased the drugs from M/s. Ganpati Enterprises, which was not a duly licensed manufacturer, distributor or dealer dealing with Losar-H, a product of M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... having knowledge that the drugs were spurious. 5. It is further contended that the charges have been framed against the accused-respondent and one of the co-accused Shubham Gupta is still at large and the accused-respondent is an integral part of spurious and counterfeit drugs racket. It is also contended that from the charge-sheet, it is established that the accused-respondent was engaged in the drug peddling racket of the sales and distribution of spurious drug in question. It is argued that since the accused-respondent has failed to produce legitimate bills and records for the entire quantity of spurious drugs seized from his premises, his involvement in the spurious and counterfeit drugs racket is writ large. It is also contended th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el for the applicant has placed reliance on Gurcharan Singh Ors. (supra). Counsel has also placed reliance on The State of Andhra Pradesh Versus Veterinary Division Ors. reported in JT 2002 (8) SC 534 wherein it was held that there is no prohibition in the Act on prosecution of dealer. Reliance has also been placed on Dinesh M.N. Versus State of Gujarat reported in AIR 2008 SC 2318 wherein the Apex Court has held that the Court while dealing with an application for cancellation of bail under Section 439(2) Cr.P.C. can consider whether irrelevant materials were taken into consideration, as in that case, the Court does not know as to what extent the irrelevant materials were taken into consideration by the Court for accepting ..... X X X X Extracts X X X X X X X X Extracts X X X X
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