Shishupal Mandhani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 639 of 2020 Shishupal Mandhani S/o Shri Chandiram Mandhani Aged About 42 Years Proprietor Goutam Medicine Center, Devpuri, Raipur, R/o R.M.S. Colony Samdha Palace, Tagore Nagar, Raipur, District- Raipur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Civil Line, Raipur, District- Raipur, Chhattisgarh. ---- Respondent _______________________________________________________ For Applicant : Mr. Goutam Khetrapal, Advocate.

For Respondent/State : Mr. D.P. Singh, Dy. A.G. Hon'ble Shri Justice Arvind Singh Chandel Order on Board 28.08.2020

1. Counsel for the state submits that till date there is no case registered against the present Applicant by the concerned police.

2. State counsel further submits that virtually proceedings have been conducted by the Drug Inspector and according to the provisions of Section 32 (1) Drugs & Cosmetics Act, 1940 complaint only can be instituted by the complainant.

3. Since, till date there is no complaint registered by the concerned Drug Inspector, therefore, it is clear that there is no case registered against the present Applicant by the police and no case have been filed by the concerned Drug Inspector, therefore, the instant anticipatory bail application is not maintainable.

4. Accordingly, the instant anticipatory bail application is dismissed as not maintainable. However, liberty is granted to revive the same if occasion so arises.

Sd/- (Arvind Singh Chandel) Judge Saurabh