IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19421 of 2010 ANIL KUMAR GUPTA, Son of Sri Kamta Prasad, Proprietor of Royal Pharmaceuticals, resident of mohalla Manpur, P.S. Mufassil, District Gaya Versus STATE OF BIHAR ----------- For the petitioner : Mr. Ved Prakash, Advocate For the State : Mr. Nirbhay Kr. Singh, A.P.P. ---- 4 11.08.2010 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case registered for offences punishable under section 120(b) of the Indian Penal Code and 27 of the Drugs and Cosmetic Act, 1940. Earlier, this matter was heard and the learned counsel appearing for State sought adjournment for seeking instruction as the petitioner’s stand was that the seized / recovered drug Oxytocin is not prevented drug rather the firm has been granted license for production of the same by the competent authority. The petitioner was granted provisional anticipatory bail and the State was granted time for filing proper affidavit along with the necessary 2 notification. Though an affidavit has been filed on behalf of the State of Bihar but a copy of relevant notification has not been appended. A copy of the license has been annexed as Annexure ‘A’ which goes to show that the petitioner’s firm had been granted license for production of drug, namely Oxytocin in one Ml. Amp. single unit blister packing only. Learned counsel for the petitioner submitted that it has been clearly stated in the counter affidavit that Oxytocin is not a banned drug. However, learned counsel appearing for the State submitted that the petitioner was granted license for production of Oxytocin only in one Ml. Amp. single unit blister packing , whereas from recovered articles the same were found packed in 2 Ml. glass bottle packing. Thus, it is contended that there has been violation of the provision under Section 17 (C) of the Drugs and Cosmetic Act. However, it is contended on behalf of the petitioner that from bare reading of the first 3 information report it appears that upon the apprehension that the Oxytocin is a banned drug, the article has been seized and the case has been lodged against the accused persons including the petitioner. In the aforesaid facts and circumstances prayer for anticipatory bail of the petitioner is allowed and in the event of arrest or surrender by petitioner, namely, Anil Kumar Gupta, be enlarged on anticipatory bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Railway Judicial Magistrate, Gaya, in connection with G.R.P.S. Case No. 50 of 2010 , subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure If the petitioner has already furnished bail bonds pursuant to the order dated 15.6.2010 then he shall be allowed to continue and remain on same bail bonds. Spd/- (Dr. Ravi Ranjan, J.)