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Patna High CourtCR. MISC./17423/2017rejected

Vishal Kumar v. The State Of Bihar

2017-07-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17423 of 2017 Arising Out of PS.Case No. -325 Year- 2016 Thana -PIRBAHOR District- PATNA ======================================================

1. Vishal Kumar, Son of Late Lakhan Prasad, Resident of MohallaVishnupad, Vishnupuri Colony, P.S.-Vishnupad, District-Gaya .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mrs. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-07-2017 Heard both sides.

The petitioner apprehends his arrest in Pirbahore P.S. case No. 325 of 2016 (Special case No. 104 of 2016) under Section 419, 420, 467 and other Sections of the Indian Penal Code, under Section 27(B)II, 27(d), 28, 28A, 27(C) of Drugs and Cosmetics Act and under Section 22(b) of NDPS Act. The informant and other drug officials raided the medicine shops and found different irregularities. It transpired that the accused persons were selling expired, spurious and banned medicines. One Vishal Kumar, the petitioner, was also sitting at one of the shops and from his possession 110 strips of Ambulax tablet were recovered.

The learned counsel for the petitioner submits that no

Patna High Court Cr.Misc. No.17423 of 2017 (3) dt.06-07-2017 2/2 offence under any Sections of the N.D.P.S. Act is made out against the petitioner but it appears that petitioner was supplying Ambulax tablet without having any license and the tablet contains psychotropic substance.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T