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2017 DIGILAW 163 (JHR)

Laxman Prasad Srivastava v. State Of Jharkhand

2017-01-20

ANANT BIJAY SINGH

body2017
ORDER Anant Bijay Singh, J. – Petitioner is apprehending his arrest in connection with Complaint Case No. 901 of 2016, registered under Sections 27(b)(II), 27 (d) of Drugs & Cosmetic Act. 2. Pursuant to order dated 04.10.2016, LCR has been received. From perusal of LCR, it reveals that one Smt. Pratibha Jha, Drug Inspector Ranchi-III submitted a complaint that on 20.01.2016 under the orders of Drug Controller, State Drug Laboratory, Jharkhand, complainant along with other Drug Inspectors raided the premises of M/s Parul Homeo Hall, Jagarnathpur. During raid, it transpired that the petitioner Laxman Prasad Srivastava was running the aforesaid Homeo Hall without any authority and violated Section 18(C) and Section 27 (b) (II), section 27(d) of the Drugs and Cosmetics Act. It appears that huge amount of Allopathy Medicines were recovered. 3. Learned counsel for the petitioner has submitted that petitioner was a Government Servant and after retirement, he is practicing as Homeopathic practitioner registered with Board of Homeopathic Medicine, Bihar on 18.05.1888. It is further submitted that prior to lodging of this case, criminal case was instituted being Complaint Case No. 901 of 2016, which is pending in the court of learned ACJM, Ranchi. It is further submitted that petitioner is more than 60 years and nowhere in written report, it is alleged that any person has suffered health hazard due to medicine administered by the petitioner. So, he deserves the privilege of anticipatory bail. 4. It appears that notices were issued to opposite party no. 2. Pursuant thereto, opposite party no. 2 appeared and filed counter affidavit. In para-9 of the counter affidavit, it is stated that as per Section 27(b)(ii) of Drug and Cosmetic Act, 1940, the offence committed under Section 18(c) is punishable with imprisonment for a term which shall not be less than 3 years, but which may extent to 5 years and with fine which shall not be less than rupees 1 lac or three times the value of drugs confiscated, whichever is more. Petitioner has not produced any paper for the medicines seized from the premises of the petitioner. 5. Learned counsel for the petitioner denied that the aforesaid premises belongs to the petitioner. 6. From perusal of LCR, it appears that on 13.04.2016, learned ACJM, Ranchi has taken cognizance under Section 27(b)(ii), 27 (d) of the Drugs and Cosmetics Act. 7. Petitioner has not produced any paper for the medicines seized from the premises of the petitioner. 5. Learned counsel for the petitioner denied that the aforesaid premises belongs to the petitioner. 6. From perusal of LCR, it appears that on 13.04.2016, learned ACJM, Ranchi has taken cognizance under Section 27(b)(ii), 27 (d) of the Drugs and Cosmetics Act. 7. Be that as it may, I am inclined to admit the petitioner on anticipatory bail with cost of Rs. 15,000/- to be deposited by the petitioner before the Secretary General, Jharkhand High Court Advocates'' Association within three weeks and on deposition of cost the learned Secretary General will issue money receipt in favour of the petitioner. The above named petitioner is directed to surrender in the Court below within four weeks from the date of order and in the event of his arrest or surrender, the Court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Ranchi, in connection with Complaint Case No. 901 of 2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C., 1973 and also subject to further condition that on the date of surrender, the petitioner will submit the receipt before the court below. 8. Let a copy of order be communicated to the court below and also send to the Secretary General, Jharkhand High Court Advocates'' Association. 9. Let the LCR be sent back to the court below at once.