RAJASTHAN HIGH COURT (JAIPUR BENCH)
Pankaj Bhandari, J.
Ramniwas - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous Bail No. 11294 of 2017
Decided On : 08-09-2017
Bail Application - Drugs & Cosmetics Act - The court allowed the anticipatory bail application for the petitioner, directing release on bail with specified conditions.
Fact of the Case:
The petitioner filed a bail application under section 438 of Cr. P.C., 1973, in response to F.I.R. No.385/2017 registered for offences under Sections 420, 419 I.P.C., Section 15 of Indian Medical Act, 1956, and Section 18 of Drug & Cosmetic Act, 1940.
Finding of the Court:
The court, considering the contentions put forth by the petitioner's counsel, deemed it proper to allow the anticipatory bail, directing the S.H.O./I.O./Arresting Authority to release the petitioner on bail with specified conditions.
Issues: The issues involved the alleged false case for offences under the Drugs & Cosmetics Act, and the recovery of allopathy medicines from the petitioner's premises.
Ratio Decidendi: The court's decision was influenced by the contentions of the petitioner's counsel and the opposition by the Learned Public Prosecutor, ultimately leading to the grant of anticipatory bail with specified conditions.
Final Decision: The Anticipatory Bail Application was allowed, and the S.H.O./I.O./Arresting Authority was directed to release the petitioner on bail with specified conditions.
JUDGMENT
Pankaj Bhandari, J. - Petitioner has filed this bail application under section 438 of Cr. P.C., 1973.
2. F.I.R. No.385/2017 was registered at Police Station Bansur, Alwar for offence under Sections 420, 419 I.P.C., Section 15 of Indian Medical Act, 1956 and Section 18 of Drug & Cosmetic Act, 1940.
3. It is contended by the counsel for the petitioner that a false case for the offences of Drugs & Cosmetics Act is registered against the petitioner. Petitioner is not required for further investigation.
4. Learned Public Prosecutor has opposed the bail application. His contention is that from the premises of the petitioner allopathy medicines were recovered.
5. Considering the contentions put-forth by the counsel for the petitioner, I deem it proper to allow the anticipatory bail.
6. The Anticipatory Bail Application is allowed. The S.H.O./I.O./Arresting Authority, Police Station Bansur, Alwar in F.I.R. No. 385/2017, is directed that in the event of arrest of the petitioner he shall be released on bail, provided he furnishes a personal bond in the sum of Rs. 50,000/- with two sureties in the sum of Rs. 25,000/- each to his satisfaction on the following conditions:-
(I). that the petitioner shall make himself available for interrogation by a police officer as and when required;
(ii) . that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer, and
(iii) . that the petitioner shall not leave India without previous permission of the Court.
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