Patna High Court - Orders
Shrawan Kumar Agrawal vs The State Of Bihar on 3 February, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.15243 of 2008
SHRAWAN KUMAR AGRAWAL, S/O Late Muni Ram Agrawal,
R/O Tarapur, P.S. Tarapur, Distt- Munger.
..............Petitioner.
Versus
THE STATE OF BIHAR .....Opp. Party.
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For the Petitioner:- Mr. N.K.Agrawal, Sr. Adv. With
Mr. D.N. Tiwary, Adv.
For the State:- Gulnar Begam, A.P.P.
2 03.02.2011The present application has been filed for quashing the order dated 21.02.2008, whereby the prayer for release of the seized medicines in Tarapur P.S. Case No. 77 of 2007 registered under Sections 275/420 of the Indian Penal Code and Section 27(d)/27(b)(II) of the Drug Customs Act has been rejected.
It is alleged that during inspection some expired medicines and physician samples were seized from the business premises of M/S Agrawal Medicine stores belonging to the petitioner.
It is submitted by learned counsel for the petitioner that with regard to expiry medicines the concerned manufacturing companies have a provision to destroy the expiry medicines and to replace expiry medicines and there is no question of selling the expiry medicines in the market so far as the physician samples 2 are concerned, they are for charity purposes for being distributed to the poor people. Moreover, the concerned officer made no objection for such release which gets reflected through the concluding portion of the impugned order but the release has been refused on the ground that they are material exhibits.
Learned counsel for the State took the same stand as taken before the learned Court below.
Considering the aforesaid submissions, the order dated 21.02.2008 passed by the Sub-Divisional Judicial Magistrate, Munger in Tarapur P.S. Case No. 77 of 2007 is hereby quashed with a direction to release the seized medicines on the written undertaking of the petitioner that under the supervision of the concerned Drug Inspector the expiry medicines shall be transmitted to the concerned company or be destroyed. So far as physician samples are concerned if they have not expired then it should be distributed to the poor and needy people in presence of the Drug Inspector. If for any reason the expiry medicines are not accepted by the concerned company for distribution then the Drug Inspector will see that all the expiry medicines should 3 be destroyed in accordance with the provisions of Drug and Custom Act forthwith. It is made clear that few sample medicines may not be released for the purposes of exhibiting as material exhibit but those medicines should be properly sealed.
With the direction above, the application stands disposed off.
Bhardwaj ( Dinesh Kumar Singh, J.)