Madhya Pradesh High Court
Dhirendra Kumar Dwivedi vs The State Of Madhya Pradesh on 30 November, 2016
MCRC-18363-2016
(DHIRENDRA KUMAR DWIVEDI Vs THE STATE OF MADHYA PRADESH)
30-11-2016
Shri Sanjay Patel, learned counsel for the applicant.
Shri Y. D. Yadav, learned Panel Lawyer for the respondent/State.
Heard arguments.
Perused case diary and material on record.
This is the first bail application filed by the applicant under Section 438 of the Cr.P.C. for grant of anticipatory bail as he apprehends his arrest in Crime No.233/2016 registered at Police Station Bahri of Sidhi district against him and co-accused Ram Lakhan alias Lakhna for the offences punishable under Sections 8 read with 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short âthe Actâ). According to the prosecution, on 28.8.2016 the applicant and the co- accused were found carrying illegally 295 bottles of cough syrups namely, Corex and Eskuf. Each bottle contained 100 ml. preparations with 10 mg. codeine phosphate which is a narcotic substance being a derivative of opium.
Learned counsel for the applicant submits that the seized cough syrup does not come into the purview of the Act. In support of his contention, the learned counsel has pressed into service the orders dated 29.5.2015, 28.7.2015 and 17.2.2016 passed by this court in M.Cr.C. Nos.7352/2015, 12192/2015 and 671/2016 and connected M.Cr.Cs. respectively. He submits that the applicant is a permanent resident of Sidhi district and that he has no criminal antecedents. He submits that the court below has granted regular bail to the co-accused. Upon these submissions, he prays for grant of bail to the applicant.
Learned Panel Lawyer opposes the prayer.
This court has discussed in detail in the aforesaid orders citing relevant Government circulars and case-laws that if any drug contains mere 0.20% Codeine Phosphate in it as compared to permissible limit of 2.5% in 100 ml. preparation, then that drug comes under the Schedule "H-1"
of the Drugs and Cosmetics Rules, 1940. Consequently, the stocking and sale of the said drug does not attract the provisions of the Act and the Rules 1985 made thereunder.
Taking into consideration the aforesaid and chemical composition of seized cough syrup, I am of the opinion that a case is made out for grant of anticipatory bail to the applicant with certain conditions. Hence, the application is allowed. Allowing this application, the applicant is directed to appear before the Investigating Officer on or before 19.12.2016 for interrogations and submission of documentary proofs of his permanent residential address and contact numbers, if any. The Investigating Officer is ordered that if he arrests the applicant in the case, in that event he will release him on bail immediately upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousands only) with one solvent surety in the like amount to his satisfaction.
Further, he will abide by the conditions enumerated in Section 438(2) of the Cr.P.C. It is made clear that if the applicant fails to appear before the Investigating Officer within the stipulated time, then this bail order shall automatically stand cancelled.
Certified copy as per rules.
(RAJENDRA MAHAJAN) JUDGE ps