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2017 Supreme(Jhk) 1702
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Mr. Anant Bijay Singh, J.
Dr. P.k. Mehta @ Pawan Kumar Mehta - Appellant
Versus
State Of Jharkhand - Respondent
A.B.A. No. 95 of 2017
Decided On : 16-01-2017
Mr. Nipun Bakshi, Advocate, for the Petitioner; A.P.P, for the State
The court's decision was influenced by the provisions of the Drugs & Cosmetics Act, particularly section 32, and the circumstances of the case in granting anticipatory bail to the petitioner.
Headnote:
Drugs & Cosmetic Act - Anticipatory Bail - The court granted anticipatory bail to the petitioner who was apprehending arrest in connection with a case under the Drugs & Cosmetic Act, 1940 and the IPC. The court considered the provisions of the Drugs & Cosmetics Act and the circumstances of the case in granting bail.
Fact of the Case:
The petitioner was apprehending arrest in connection with a case under the Drugs & Cosmetic Act, 1940 and the IPC. The drugs recovered were not used on any person, and the FIR and investigation were done by a police officer contrary to the provision of law.
Finding of the Court:
The court granted anticipatory bail to the petitioner, directing them to surrender within four weeks and furnishing bail bond and sureties. The court also imposed additional conditions for the bail.
Issues: Apprehension of arrest in connection with a case under the Drugs & Cosmetic Act, 1940 and the IPC, legality of the FIR and investigation conducted by a police officer.
Ratio Decidendi: The court considered the provisions of the Drugs & Cosmetics Act, particularly section 32, and the circumstances of the case in granting anticipatory bail to the petitioner.
Final Decision: The court granted anticipatory bail to the petitioner, with specific conditions to be fulfilled upon surrender.
JUDGMENT
Anant Bijay Singh, J. – Petitioner is apprehending his arrest in connection with Sadar P.S. Case No. 233 / 2016 corresponding to G.R. No. 1640/2016, registered under Section 18 (C)(A) and Section 27 (b)(ii) of the Drugs & Cosmetic Act, 1940 read with Drugs and Cosmetic Rules, 1945 and Section 420 of the I.P.C., lodged on the basis of one written report given by Bikash Kumar, Drug Inspector, Palamau.
2. Learned counsel for the petitioner has submitted that petitioner is a registered medical practitioner from the Council of Unemployed Rural Medical Practitioners and the drug which have been recovered was not used on any person.
3. It is submitted that in term of section 32 of the Drugs and Cosmetics Act, no prosecution under this Chapter shall be instituted except upon complaint by -
(a) an Inspector; or
(b) any Gazetted Officer of the Central Government or a State Government authorized in writing in this behalf by the Central Government or a State Government by a general or special order made int his behalf by that Government; or
(c) the persons aggrieved; or
(d) a recognized consumer association whether such person is a member of that association or not.
4. But in the instant case, F.I.R. has been lodged and investigation has been done by the police officer, contrary to the provision of law.
5. Learned APP has opposed the prayer for anticipatory bail and referred to the seizure list and submitted that huge amount of medicines have been recovered from the clinic of the petitioner, for which he is not competent to administer.
6. In view of the facts and circumstances of the case, I am inclined to admit the petitioner on anticipatory bail. The above named petitioner is directed to surrender in the Court below within four weeks from the date of this 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 Chief Judicial Magistrate, Palamau, in connection with Sadar P.S. Case No. 233 / 2016 corresponding to G.R. No. 1640 / 2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C., 1973 subject to the further condition that before surrender, petitioner shall deposit Rs. 11,000/- (Eleven Thousand) before the Secretary General, Jharkhand High Court Advocates'' Association, Ranchi within three weeks and shall submit the receipt of the aforesaid deposition in the court below on the date of surrender.
7. Let a copy of order be communicated to the court below and also send to the Secretary General, Jharkhand High Court Advocates'' Association, Ranchi.
