This judgment grants anticipatory bail to an allopathy medicine practitioner accused of selling drugs without a license. The court observed no criminal antecedents and no risk of tampering with evidence.
Application for anticipatory bail allowed; petitioner to be released on bail by the arresting officer on such terms as deemed just and proper.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ABLAPL No.16631 of 2016
15.03.2017 Heard learned counsel for the petitioner and learned Additional Standi
ng Counsel.
The petitioner is apprehending arrest for the alleged commission of offences u
nder Sections 23(5)(b) and 23(6) of the Drugs and Cosmetics Act in 2(C)CC Case No.03 of 2016 o
f the court of learned J.M.F.C., Kodala.
Only allegation is against the petitioner that he is selling drugs without lic
ence. He has passed in B.I.A.M.S. (Bachelor of Indo-Allopathy Medicine System) and his applica
tion for opening of medicine shop is under consideration. No criminal antecedent is reported a
gainst the petitioner. Moreover, the petitioner is a permanent resident of village Raulapalli,
P.S.-Kabisuryanagar, Dist.-Ganjam and there is no chance of his absconding from justice. Ther
e is no allegation on behalf of the State that the petitioner shall tamper with the prosecutio
n evidence, if he is released on bail.
Keeping in view the aforesaid consideration, facts of the case and the nature
of allegations, application for anticipatory bail is allowed. In the event of arrest of the pe
titioner in the aforesaid case, he shall be released on bail by the arresting officer on such
terms and conditions as deemed just and proper by him.
The ABLAPL is disposed of accordingly.
Urgent certified copy of this order be granted as per rules.
2
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest under Sections 23(5)(b) and 23(6) of the Drugs and Cosmetics Act.
1 provisions across 1 enactments
Petitioner
State of Andhra Pradesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court