skt/- 1 13.wp.283.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 283 OF 2009 1. M/s.Arthichem Laboratories 2. Shri Ramanlal Ratanlal Karwa ... Petitioners. Vs. The State of Maharashtra ... Respondent ...... Mr.Himanshu B.Takke for the petitioners. Ms.Manjula Rao, Special P.P. a/w. Ms.M.H.Mhatre for the respondent. ...... CORAM : J.H. BHATIA, J. DATE : 21st JULY, 2010. P.C. 1 Heard the learned counsel for the parties. Perused the report of the Enquiry Commission, headed by Mr.Justice Lentin, the former Judge of this High Court, the order passed by the Trial Court rejecting the application for discharge as well as the order passed by the Sessions Court rejecting the revision application. 2 After perusal of the material, it appears that, the J.J.Hospital, Bombay had placed an order for supply of Glycerine I.P. with accused no.1 M/s.Alpana Pharmaceuticals. Due to use of the said material, 14 patients in the hospital had died. The said product was found to be substandard. It also appears from the prosecution case that accused no.1-Alpana skt/- 2 13.wp.283.09.sxw Pharmaceuticals had, in turn, placed the order with accused no.4 -M/s.Arthichem Laboratories. Accused no.3-Rameshwar Karwa and accused no.5-Ramanlal Ratanlal Karwa are the partners of accused no.4 M/s.Arthichem Laboratories. Accused no.3-Rameshwar is a common partner of both the firms i.e. accused no.1 & 4. 2 The learned Special P.P. for the State states that accused no.3 -Rameshwar had challenged the said order by Special Leave Petition before the Hon'ble Supreme Court and the Supreme Court maintained that order and dismissed the Special Leave Petition. 3 Taking into consideration the material, I find no illegality and impropriety in the order of rejection of the discharge application. Original incident is of 1988. Case is pending trial for long time. Several proceedings have been filed by one or the other accused, who are inter- related, to quash the proceedings, though unsuccessfully but they have been succeeded in stopping he trial for very long period. 4 For the aforesaid reasons, the writ petition stands dismissed with cost of Rs.5,000/-. [ J.H. BHATIA, J.]