IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4538 of 2006()
1. INDIRA BHASKARAN, W/O. BHASKARAN NAIR,
... Petitioner
Vs
1. DRUGS INSPECTOR (ADDL.I) OFFICE
... Respondent
For Petitioner :SRI.GRASHIOUS KURIAKOSE
For Respondent : No Appearance
The Hon'ble MR. Justice J.M.JAMES
Dated :21/07/2006
O R D E R
J.M.JAMES, J.
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B.A.4538/2006
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DATED THIS THE 21ST DAY OF JULY, 2006
O R D E R
The petitioner is the accused, in
S.T.No.1628/2005 on the file of the Judicial Magistrate of
First Class, Mattannur. The petitioner is stationed in
Gulf, with her husband. Therefore, she could not be
present before the Court, when the case was taken up.
But her brother, who was managing the Ambika Medicals,
licensed in her name, was present before the Court, he
being the second accused. The allegation, as found in the
instructions, supplied by the Drug Inspector to the
prosecution, is that at the time of inspection of the Drug
Inspector, there was no registered pharmacist. Therefore,
an offence under Section 27(d) of the ‘Drugs and
Cosmetics Act’, 1940, had been registered against the
petitioner, as the first accused and her brother, as the
second accused. The petitioner is now in this country.
Hence she is before this Court, under Section 438 Cr.P.C.
B.A.4538/2006
2
2. The punishments, prescribed under Section
27(d) is upto a period of two years. Considering the facts
that are placed before me, particularly that ‘Ambika
medicals’ is managed by the second accused, her brother,
though the petitioner, first accused, is a licensee, I direct
the petitioner to appear before the Judicial Magistrate of
First Class, Mattnnur, on the next posting date and move
an application for bail, in which event, the learned
Magistrate shall allow her to be on bail, imposing such
conditions, which are deemed necessary.
The application is disposed of as above.
J.M.JAMES
JUDGE
mrcs