Madhya Pradesh High Court
Sanjeev Kumar Parashar vs The State Of Madhya Pradesh on 1 December, 2021
Author: Anand Pathak
Bench: Anand Pathak
1
HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.57751/2021
(Sanjeev Kumar Parashar Vs. State of M.P. )
Gwalior, Dated:01.12.2021
Shri Sourav Singh Tomar, learned counsel for the applicant.
Shri R.S. Kushwaha, learned Dy. GA for respondent/State.
This is first application under Section 438 of the Cr.P.C filed by the applicant, who apprehends his arrest in connection with Crime No.75/2020, registered through Drug Inspector, District Morena, for the offence punishable under Sections 27(b)
(ii), 27(d) of Drugs and Cosmetics Act 1940.
The case arises from the private complaint in which State counsel through Drug Inspector, Morena has filed private complaint under the Drugs and Cosmetics Act, 1940. Applicant is facing allegations for the offence under Section 27(b)(ii) and 27(d) of Drugs and Cosmetics Act 1940.
It is the submission of counsel for the applicant that applicant has a certificate issued by Mahatma Jyotiba Phule Educational Research Training Institute in Community Medical Services and Essential Drugs (CMS & ED) and therefore, he is entitled to prescribe allopathy medicines. It is further submitted that false case has been registered against the applicant and confinement may bring social disrepute and personal 2 inconvenience, therefore, anticipatory bail may be granted.
Learned counsel for the respondent/State opposed the prayer and submitted that private complaint has been filed and from the contents of private complaint filed as (Annexure A-2) itself indicates that applicant was prescribing drug which was out of his purview and endangering the health and life of public at large, therefore, case has been registered.
Heard learned counsel for the parties at length and considered the arguments advanced by them.
From the contents of private complaint, it appears that applicant does not have any valid documents and registration to prescribe the prohibited drug like Diclofenac Sodium Injection vial (30ml.) and still he was practicing in rural area and prescribing those medicines. Those medicines have been recovered from his clinic/possession.
Considering the submissions and the wider ramifications, such prescription of medicines may have in future, no case for interference is made out and applicant cannot be given anticipatory bail.
Application sans merit and is hereby dismissed.
(Anand Pathak)
Ashish* Judge
ASHISH
Digitally signed by ASHISH CHAURASIA
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH
COURT OF MADHYA PRADESH BENCH
GWALIOR, postalCode=474001,
st=Madhya Pradesh,
CHAUR
2.5.4.20=bf81a9adb1da24e4bc7b519515 4c3d4de08c6bb9303e52e2e7e728d9bac 85bd3, pseudonym=CA2EA6EDDF504F8F9C279 0FA9A0FD201D0242B64, ASIA serialNumber=A926F3CBF979ECA6A4C4 77577EEDBA3AB4F94593A930B98DAE1 B0AD16F90B5FD, cn=ASHISH CHAURASIA Date: 2021.12.02 12:59:20 +05'30'