STATE OF MAHARASHTRA Vs. VITHOBA MARUTI GHADGE, PROP SANTOSHIMATA MEDICAL & GEN STORES
LAWS(BOM)-2018-10-182
HIGH COURT OF BOMBAY
Decided on October 29,2018

STATE OF MAHARASHTRA Appellant
VERSUS
Vithoba Maruti Ghadge, Prop Santoshimata Medical And Gen Stores Respondents

JUDGEMENT

Sandeep K. Shinde, J. - (1.) The State of Maharashtra has preferred this Appeal under Section 36AB of the Drugs and Cosmetics Act, 1940 read with Section 378(1) of the Code of Criminal Procedure, 1973 against the order of acquittal recorded by the learned Chief Judicial Magistrate, Thane in Regular Criminal Case No.190 of 1994.
(2.) Heard the learned APP for the State and the learned counsel for the Respondents.
(3.) The only point which needs to be answered is as to whether P.W.1State Drug Inspector was competent to search on 9.4.1993 the premises of Accused No.1 and institute the prosecution under Section 32 of the Drugs & Cosmetics Act, 1940.;


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