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2017 DIGILAW 1103 (JHR)

Sukhdeo Pandit v. State Of Jharkhand

2017-07-12

ANIL KUMAR CHOUDHARY

body2017
JUDGMENT Anil Kumar Choudhary, J. - Apprehending his arrest in connection with Telaiya P.S. Case No.103 of 2017 corresponding to G.R. No.344 of 2017 instituted under Sections 18 (c), 27(b)(ii), 29(d) of the Drug and Cosmetic Act, 1940, the petitioner has moved this Court for grant of privileges of anticipatory bail. 2. Heard learned counsel appearing for the petitioner and learned Addl. P.P. appearing for the State. 3. Learned counsel appearing for the petitioner submitted that the allegation against the petitioner is that he was selling expired and fake drugs without having any licence for the same. Further, there is allegation that without having proper licence, the petitioner was treating pregnant ladies and on such allegations, the Drug Inspector, Koderma inspected the establishment of the petitioner. It is further submitted that the seizure list shows that none of the seized medicines were expired medicines or fake medicines. It is further submitted that the petitioner is the compounder of one Dr. Narendra Kumar. The said doctor used to carry out charitable dispensary for free treatment of the patients and used the house of the petitioner as his O.P.D. during visits. It is lastly submitted that there is no allegation against the petitioner that he was running any medicine shop or had any counter for selling medicines. Hence, the petitioner may be given the privileges of anticipatory bail. 4. Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner but concedes that no fake or expired medicine was recovered from the establishment of the petitioner and submits that though counter affidavit has been filed but nowhere it has been mentioned that there is any requirement of custodial interrogation of the petitioner. 5. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned S.D.J.M., Koderma within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs. Accordingly, the petitioner is directed to surrender in the Court of learned S.D.J.M., Koderma within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/( Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Koderma in connection with Telaiya P.S. Case No.103 of 2017 corresponding to G.R. No.344 of 2017 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973.