Orissa High Court
Prodyot Mazumder vs State Of Odisha .... Opp. Parties on 10 May, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.4325 of 2023
Prodyot Mazumder .... Petitioner
Mr. S. P. Mishra, Senior Advocate
-versus-
State of Odisha .... Opp. Parties
Mr. M. K. Mohanty, ASC
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 10.05.2023
01. 1. Heard learned counsel for the Petitioner and the State.
2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s.21(c)/29/25 of NDPS Act in connection with Bolangir Town PS Case No.120 of 2023.
3. It is submitted by learned counsel for the State that there are as many as 22 numbers of cases lying against the Petitioner.
4. Mr. S. P. Mishra, learned Senior counsel for the Petitioner submits that the product in question i.e. Eskuf Cough Syrup is not a contraband article and the label affixed on the bottle as phensedyl as also on the license of M/s. Abbott Health Care Pvt. Ltd. and further that the prescription dosage of Phensedyl Cough Syrup is 5 ml and each dosage unit contains 10 mg of Codeine Phosphate IP, besides Chorpheniramine Maleate I.P. Thus Phyensedyl contains merely 0.2% Codeine which meets the prescribed quality in accordance with the Page 1 of 2 // 2 // notification issued by the Government vide S.O. 826 (E) DATED 14.11.1985.
5. In view of the above, learned counsel for the State is directed to obtain instructions as to the accuracy of the said product vis-à-vis the notification issued by the Government of Odisha as aforesaid, by the next date.
6. List this matter on 30th June, 2023.
7. As an interim measure, it is directed that the Petitioner shall not be arrested till the next date in connection with Bolangir Town PS Case No.120 of 2023.
8. A free copy of this order be supplied to learned counsel for the State.
(Chittaranjan Dash)
Judge
ANANTA Digitally signed by
ANANTA KUMAR
KUMAR PRADHAN
Date: 2023.05.11
PRADHAN 21:24:50 +05'30'
AKPradhan
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