IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS NO.41047 OF 2011 1. MOHAMMAD ABDUL SAMI SON OF ABDUL SAMAD 2. MD. NEYAMATULLAH SON OF ABDUL SAMI 3. MD. HASMATULLAH SON OF ABDUL SAMI ALL R/O VILLAGE- EKTANAGAR, P.S.- PHULWARISHARIF, DISTRICT- PATNA VERSUS THE STATE OF BIHAR ---------------------------------- 2 07/12/2011 Heard Mr. Shakil Ahmad Khan, the learned Senior Counsel for the petitioners and learned APP for the State. The petitioners are accused of a case registered under sections 419, 420, 463, 464, 274 and 275 of the Indian Penal Code and Sections 18(a) (vi) 18a(i), 17(b), 18(c), 18A, 18B, 27(d) 27(c) 27(a), 27(b) (ii), 28, 28A and 26A read with section 36A of the Drugs and Cosmetics (Amendment) Act 2008. It has been alleged that in course of raid upon the premises of the Grace Pharmaceuticals on 13.7.2011 it was found that the drugs were being prepared. It was also found that this was being done without proper labeling and several misbranded medicines were manufactured and banned drugs were also being manufactured. At the time of raid, manufacturing process was on and the sealing work of filled bottles was being done by Md. Raza and label was being pasted on the bottles by Md. Ekbal and Md. Sami the petitioner no. 1 was also found there. 2 Submission is that the petitioner no. 1 is the father of other petitioners. He is a retired Government employee and he is aged above 60 years whereas other two petitioners are minors below the age of 18 years. It has also been submitted that the petitioners are not at all related with the Grace Pharmaceuticals. It has further been submitted that wife of petitioner no. 1 has executed a deed of lease in favour of the Grace Pharmaceuticals by letting out the premises to it. Reliance has also been placed upon the judgment rendered in Cr.W.J.C. No. 529 of 1996 and it has been submitted that the prosecution case can only be instituted by filing a complaint by Drug Inspector and the police has no jurisdiction to institute and investigate into the offence. Considering the facts and circumstances of the case, the petitioners above named are directed to be released on furnishing of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M./concerned Court, Patna in connection with Phulwarisharif P.S. Case No. 322 of 2011. (Shyam Kishore Sharma, J.) avin