Meera Prasad @ Mira Prasad vs State Of Jharkhand

Anil Kumar Choudhary, J

Heard the parties.

This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the order dated 29.06.2024 passed by the learned Additional Sessions Judge, Nagar Untari, Garhwa in Misc. Criminal Application No.47 of 2024 in connection with Ramna P.S. Case No.75 of 2023 corresponding to S.T. No.375 of 2023, registered for the offence punishable under Section 304, 34 of the Indian Penal Code whereby and where under the application for opening the medical shop of the petitioner, which was sealed in connection with that case, was rejected.

The brief facts of the case is that Ramna P.S. Case No.75 of 2023 was registered involving the offence punishable under Section 304/ 34 of the Indian Penal Code against Shyam Sundar Prasad and Avinash Kumar, on the allegation that the informant took her 14 years’ old son for treatment to the accused- Dr. Shyam Sundar Prasad who along with co-accused Avinash Kumar gave medicine and administered injection by which the condition of the son of the informant deteriorated but the accused persons still assured that the son of the informant will be cured and by such negligent act of the accused persons of the case, the accused persons committed culpable homicide not amounting to murder of the son of the informant. Cognizance of the offence was taken against the accused persons of the case for having committed the offence punishable under Section 304, 34 of the Indian Penal Code. During the course of the investigation on 28.07.2023, Dr. Suchita Kumari, Deputy Superintendent, Sub-Divisional Hospital, Nagar Untari found that in the hospital was being operated by the accused persons illegally along with the petitioner of this case and sealed the shop-cum-clinic. The learned Additional Sessions Judge, Nagar Untari, District-Garhwa, observed that allowing opening of such illegal operation of the hospital/clinic could be detrimental for the public welfare; hence, rejected the prayer to release/open the shop-cum-house in favour of the petitioner. The hospital is named as Nirogayam Hospital, Ramna Bazar.

Learned counsel for the petitioner submits that the petitioner is a qualified nurse and proprietor of Nirogayam Medical Store which is duly registered. It is next submitted that the trial has commenced and the informant and two witnesses have been examined, wherein they have fairly admitted that her son was seriously ill and she had not gone to Dr. Shyam Sundar Prasad and other two witnesses have also not supported the case of the prosecution. In this respect, the learned counsel for the petitioner draws attention of this court to deposition of the witnesses of ST Case No.375 of 2023 of the court of the Additional Sessions Judge, Nagar Untari at Garhwa. Drawing attention of this court to the copy of the seizure list which has been kept at page No.14 to 15 of the brief, the learned counsel for the petitioner submits that the seized articles enclosed at serial No.13 are the medicines kept in the medical store and under the note, it has been mentioned that the sealed room includes one room in which medicine shop was running. It is next submitted that the medicines and injections kept in the shop are perishable items and unless they are used in time, the date of their expiry will be over and they will be rendered useless, causing huge loss to the petitioner. It is further submitted that the petitioner is not even an accused of the case. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed.

Learned Public Prosecutor appearing for the State on the other hand vehemently opposes the prayer, as prayed for by the petitioner and submits that since the prayer is only for opening of the medical shop, which runs in one out of three sealed rooms; keeping in view the facts that the medicines are having expiry date, the same may be opened with the undertaking of the petitioner to produce it before the Investigating Officer or the trial court as and when required and that the same may not be used for any purpose except for stocking and selling medicines only and furnishing sufficient security by way of indemnity bonds.

Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that the petitioner is not an accused person of the case and the witnesses examined during the trial including informant has not supported the case of the prosecution as well as the undisputed facts that the medicines seized are having an expiry date and unless the same are used before their respective expiry date, the same will be rendered useless. Hence, this court is of the considered view that the Additional Sessions Judge, Nagar Untari at Garhwa has committed a grave illegality by not allowing the prayer to release seized medicines mentioned at serial No.13 of the seizure list dated 28.07.2023 and one room out of three sealed rooms, in which the medical shop was running. Therefore, the order dated 29.06.2024 passed by the learned Additional Sessions Judge, Nagar Untari, Garhwa in Misc. Criminal Application No.47 of 2024 in connection with Ramna P.S. Case No.75 of 2023 corresponding to S.T. No.375 of 2023, is liable to be quashed and set aside.

Accordingly, the order dated 29.06.2024 passed by the learned Additional Sessions Judge, Nagar Untari, Garhwa in Misc. Criminal Application No.47 of 2024 in connection with Ramna P.S. Case No.75 of 2023 corresponding to S.T. No.375 of 2023, is quashed and set aside.

The learned Additional Sessions Judge, Nagar Untari, Garhwa is directed to pass an appropriate order for release of the medicines mentioned at serial No.13 of the said seizure list as well as for opening one out of three sealed rooms, in which the medical shop in the name and style of Nirogayam Medical Store for which license has been issued by the State Drugs Controller Directorate, Garhwa Circle bearing Firm ID 36380, the copy of which has been kept at Annexure-2 of this petition, on the petitioner submitting an undertaking that she will use the medicines seized and the room sealed only for the purpose of stocking and selling medicines and not for any other purpose and will comply with the order of the trial court as and when passed in the Sessions Trial No.375 of 2023 and furnishing indemnity bond of Rs.5,00,000/- with two sureties of the like amount each.

In the result, this Criminal Miscellaneous Petition is allowed.