Ram Ayodhya Prasad vs State Of Bihar

The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

Heard Mr. Ramakant Sharma, learned senior counsel along with Mr. Rakesh Kumar Sharma and Mr. Lakshmi Kant Sharma, learned counsels for

the petitioner and Mr. Ashok Kumar Singh, learned Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State.

The petitioner seeks bail in connection with NDPS Case No.29 of 2020 arising out of Raxaul PS Case No.305 of 2020 dated 14.08.2020, instituted

under Sections 27, 27(a), 27(b)(ii) of the Drugs and Cosmetics Act, 1940, and 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985

(hereinafter referred to as the ‘NDPS Act’).

The allegation against the petitioner is that he has license for retail of medicines and upon inspection conducted in his shop by the authorities on

14.08.2020, various medicines were found, which were either beyond the prescribed date of expiry or contained Codeine, which is a narcotic

substance under the NDPS Act for which license is required and the petitioner does not have that.

Learned counsel for the petitioner submitted that he is in the business of retailing medicines since 1980 and there has been no complaint against him.

In the present case also, it was submitted that with regard to two syrups, which contained Codeine, the syrups were manufactured by the drug

manufacturer and the petitioner had not kept Codeine separately. Further, it was submitted that the said brand of syrups have not been banned by the

government so as to indicate that the petitioner had done something which was impermissible. Learned counsel submitted that even under the NDPS

Act, certain percentage of Codeine is permissible in combination with other substances for being used for various medicinal purposes and in the

seizure list itself, it is written that the quantity/percentage of Codeine was not known and that is why it was being sent for examination. Learned

counsel submitted that with regard to the medicines having already passed the expiry date, it was submitted that it was due to oversight and

inadvertence as, normally, such medicines are kept separately for being returned to the Pharmaceutical Company for replacement with fresh product.

However, at this juncture, learned counsel submitted that he is taking a categorical stand before the Court that, in future, he shall be extra cautious and

shall not deal with any articles which may contain any impermissible ingredients and further, even with regard to the date of expiry, he shall ensure

that no medicine is present in his shop after the expiry date. It was also submitted that he would adhere to all the requirements of law while dealing in

medicines in terms of the license issued to him and undertakes not to commit any transgression in future. It was submitted that petitioner having no

criminal antecedent and being 72 years of age is in custody since 16.08.2020.

Learned APP submitted that there has been seizure of expired medicines and medicines containing restricted ingredients in terms of NDPS Act.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon

furnishing bail bonds of Rs.25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Sessions

Judge/Special Judge, East Champaran, Motihari, in NDPS Case No.29 of 2020 arising out of Raxaul PS Case No.305 of 2020, subject to the

conditions (i) that one of the bailors shall be a close relative of the petitioner, (ii) that the petitioner and the bailors shall execute bond with regard to

good behaviour of the petitioner, and (iii) that the petitioner shall also give an undertaking to the Court that he shall not indulge in any illegal/criminal

activity, act in violation of any law/statutory provisions, tamper with the evidence or influence the witnesses. Any violation of the terms and conditions

of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case with the Court and

prosecution/police. Failure to cooperate shall also lead to cancellation of his bail bonds.

The application stands disposed off in the aforementioned terms.