1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 318 of 2010 Neel Kamal Sharma ... Applicant versus The State of Maharashtra ... Respondent ... Mr.Shirish Gupte, Sr. Advocate with Mr.Subodh Desai for the applicant. Ms.M.H. Mhatre APP for the State. CORAM : D.G. KARNIK, J. DATED : 28th January 2010 P.C. 1. Heard. 2. By this application, applicant seeks pre-arrest bail in connection with C.R.No.II-158 of 2009 registered with Kalamboli Police Station, District Raigad for an alleged offence under section 18(c) and 18-A of the Drugs and Cosmetics Act 1940 (for short ‘the Drugs Act’) and punishable under section 27 thereof. 2 3. The prosecution case is that on the basis of an intelligence report Mr.Nilesh Mohanlal Gandhi, Drugs Inspector raided the godown of M/s.Vimal Warehouse. It was noticed that medicines were stored by one Mr.Patel, owner of M/s.Vimal Warehouse without obtaining an appropriate licence for storage. An offence was therefore registered. During the investigation, it was noticed that some of the medicines stored in the godown were manufactured by M/s. Abott India Ltd. Applicant who is the head of International Business of Abott India Ltd is the ....... to be accused to be guilty of the offence. 4. Applicant is alleged to have violated sections u/s.18(c) and 18-A of the Drugs Act. Applicant possessed a licence for manufacture of the medicines which were found in the godown. Therefore, offence u/s.18- A is not made out. As regards violation u/s.18(c) prosecution case is not that the applicant had stored the goods without licence but it is the warehouse keeper who had stored the goods. Further on the date of the offence, it was punishable with imprisonment upto three years only. Taking into consideration the aforementioned facts and also the fact that the medicines were manufactured and given to C & F agent for the the purpose of export and goods have thereafter actually been exported with the permission of the Magistrate in my view, applicant can be granted conditional pre-arrest bail. Hence, I pass the following order:- O R D E R In the event applicant is arrested in connection with C.R.No. II-158 of 2009, he shall be released on bail on executing a Bond of Rs. 15,000/- with one surety of the like amount subject to a condition that 3 applicant would co-operate with the investigation and shall attend the concerned Police Station as and when summoned. This order shall remain in force for a period of three months or till the charge sheet is filed whereafter the applicant may, if he so desires, apply to the Court for regular bail. (D.G. KARNIK,J.)