The court disposed of an application for anticipatory bail filed by a petitioner accused under the Drugs and Cosmetics Act. It directed surrender and noted the case would be considered afresh before the Sessions Court.
Application disposed with direction to surrender for bail reconsideration by Additional Sessions Judge.
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ABLAPL No. 1483 OF 2016
07. 19.08.2016 In view of the order passed by the learned J.M.F.C., Kodala on
29.07.2013 in 2(c) C.C. No. 01 of 2010 for issuance of summon against the petitioner, he has
filed this application under section 438 of Cr.P.C.
Heard the learned counsel for the petitioner and learned Additional Government
Advocate.
The case has been registered on the basis of prosecution report submitted by t
he Drugs Inspector, Chatrapur, Ganjam narrating the facts which have been found to be prima fa
cie substituting the offence punishable under section 27(b)(ii)/28 Drugs and Cosmetics Act. Th
e allegation is that this petitioner who is a permanent resident of village Mathasarsinga und
er Kodala P.S. in the district of Ganjam, selling the drugs without having license for the pur
pose and that in course of the raid; some items of drugs have also been seized. It is submitte
d by the learned counsel for the petitioner that there is no allegation that he was regularly
carrying on business like that as alleged. Therefore, he urges for grant of anticipatory bail
to the petitioner as there is no other impediment.
Learned Additional Government Advocate opposes the move since the offences are
triable by the court of Sessions.
Considering the submissions, viewing the materials on record and taking into a
ccount the other relevant factors, this Court disposes this bail application with the observat
ion that in the event, the petitioner surrenders in the court of J.M.F.C., Kodala and moves fo
r his release on bail, the same shall be considered on its own merit in accordance with law du
ring the first hour so as to enable the petitioner to move the learned Additional Sessions Jud
ge, Chatrapur during the second half of the day for its disposal in accordance with law. The c
ase record be transmitted in that event to the court of Addl. Sessions Judge, Chatrapur at the
earliest for the purpose as stated.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
.. D. Dash, J.
// 4 //
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner who is accused of selling drugs without a license under sections 27(b)(ii) and 28 of the Drugs and Cosmetics Act.
2 provisions across 2 enactments
Petitioner
State
D. Dash
As recorded by the court registry
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