1 crap2514.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 2514 OF 2010 Maharashtra State Pharmacy Council ...Applicant VERSUS Mr. Shaikh Sikandar Shaikh Mustaffa & anr. ...Respondents ..... Shri S.T.Veer, advocate for applicant Shri Prashant Deshmukh, advocate for respondent nos. 1 and 2 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 24 th June, 2011 PER COURT : 1 Heard learned counsel for the parties. 2 This is an application preferred by the applicant (original complainant), seeking leave to file appeal, challenging the judgment and order of acquittal, dated 31.3.2008, rendered by the learned 2 crap2514.10 Chief Judicial Magistrate, Osmanabad in S.C.C. No. 7 of 2007, thereby acquitting the respondents (original accused) for the offence punishable under Sections 42(1) and 42(2) of the Maharashtra Pharmacy Act, 1948. 3 I have perused the impugned judgment, dated 31.3.2008 and record and proceedings with the assistance of the learned counsel for the parties. 4 Admittedly, accused no.1 was not a registered pharmacist and is a matriculate person and he was allegedly the person who was giving medicines at the relevant time, as per the prescription of accused no.2 Dr. Syed Shah Akhlaq Ahmed. Hence, appears that the matter requires consideration. 5 Accordingly, leave to file appeal is granted allowing the present application and present application be treated as appeal. 6 Admit. Shri Prashant Deshmukh, learned counsel waives service of notice for respondents after admission. 7 Respondent nos. 1 and 2 to furnish same bail, but to execute fresh bond before learned Trial Court, within the period of 3 crap2514.10 four weeks. 8 R. and P. be sent back to the concerned court. (SHRIHARI P. DAVARE), JUDGE. dbm/crap2514.10