- (1.) This bail application has been filed under Section 438 Cr.P.C. in connection with criminal complaint No.94/2017, State vs. Firm M/s. Saichem Pharma and Ors., pending in the Court of Additional Chief Metropolitan magistrate No.10, Jaipur Metorpolitan for the offences mentioned therein against the applicant, whereupon the investigation was commenced. Apprehending his arrest, the petitioner moved the bail application before the court below, which was dismissed. Hence, this bail application has been filed.
(2.) Heard learned counsel for the petitioner and learned Public Prosecutor and perused the material made available on record.
(3.) Learned counsel for the petitioner submits that the trial Court has taken cognizance against the petitioner for the offences under the Drugs and Cosmetics Act, 1940. The petitioner was summoned through warrant of arrest. No investigation is pending against the petitioner in any case. Learned counsel has drawn attention of the Court to the provisions of Section 28 and 28A of the Drugs and Cosmetics Act, 1940 which reads ad infra:- "28. Penalty for non-disclosure of the name of the manufacturer, etc. - Whoever contravenes the provisions of Section 18A [of section 24] shall be punishable with imprisonment for a term which may extend to one year, or with fine which shall not be less than twenty thousand rupees or with both. 28A. Penalty for not keeping documents, etc., and for non-disclosure of information- Whoever without reasonable cause or excuse, contravenes the provisions of section 18B shall be punishable with imprisonment for a term which may extend to one year of with fine which shall not be less than twenty thousand rupees or with both." ;