Facts of the Case

Dinesh Sharma applied under Section 439 CrPC for regular bail in a case pending before the Additional Sessions Judge, Nalagarh, District Solan, involving offences under Sections 18(a)(i) and 18(c) read with Sections 17-B and 36(AC), punishable under Section 27(c) of the Drugs and Cosmetics Act, 1940. The prosecution's case was that on 22 November 2022, a search at the Baddi Police Barrier led to recovery of large quantities of spurious drugs bearing the names of established pharmaceutical manufacturers — Zerodol TH4, Roseday 10 and Montair 10 tablets — worth several lakhs of rupees, from co-accused, and that a subsequent search of a godown and a manufacturing unit (M/s Trizal Formulation, Baddi) recovered further spurious drugs, raw material and packaging material used to manufacture and pass off counterfeit medicines.

Issues Involved

  1. Whether the applicant, said to be involved in the manufacture and distribution of spurious drugs, was entitled to regular bail.

Petitioner's Arguments

  • The applicant's specific defence submissions are not detailed in the extracted portion of the order; the application proceeded on the standard grounds available under Section 439 CrPC in a drugs-offence matter.

Respondent's Arguments

  • The State, through the Drugs Inspector and Deputy Advocate General, opposed the bail application, given the seriousness of the spurious-drugs allegations and ongoing investigation into the wider network.

Court Order / Findings

  • The extracted text of the order sets out the factual background (searches, recoveries, and the roles of co-accused) but the final order/conclusion on whether bail was granted or refused is not captured in the available text of this record.

Important Clarification

This matter has no GST connection whatsoever — it is a Drugs and Cosmetics Act prosecution concerning the manufacture and sale of spurious pharmaceutical products, unrelated to any tax dispute. It is included in this compilation only because the underlying case file was flagged in an earlier screening pass; readers interested in GST case law should disregard this entry, and readers interested in the drugs prosecution should verify the final bail outcome from the certified order, since the available extract does not capture the concluding paragraphs.

Sections Involved

  • Sections 18(a)(i), 18(c), 17-B, 36(AC), Drugs and Cosmetics Act, 1940 — manufacture and sale of spurious drugs.
  • Section 27(c), Drugs and Cosmetics Act, 1940 — punishment for manufacture/sale of spurious drugs.
  • Section 439, Code of Criminal Procedure, 1973 — bail in case of non-bailable offence.

Decision – In Favour of

Not ascertainable from the available extract of this order — no GST issue arises in any event; readers should refer to the certified copy of the final order for the bail outcome.

Case Details

  • Court: High Court of Himachal Pradesh at Shimla
  • Case No.: CrMP(M) No. 2200 of 2023
  • Coram: Hon'ble Mr. Justice Virender Singh
  • Reserved on: 5 September 2023; Decided on: 27 September 2023

Link to Download the Order

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