IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15505 of 2011 YATINDRA MOHAN OJHA Versus THE STATE OF BIHAR ----------- 02. 20.05.2011 Petitioner is apprehending his arrest in a case registered under Sections 18(a)(1) and 27(a) of the Drug and Cosmetic Act. Petitioner being the valid licensee of manufacturing drugs of two syrups namely Am-cof syrup and Amplex Syrup were seized. Am-cof syrup was found to be of standard quality whereas Amplex Syrup, the percentage of one component namely cyanocobalamine was found to be only 36% which is contrary to the claim of the company on the level of the syrup. The said samples were sent to the government analyst namely Bihar Drug Control Laboratory, Patna. It is submitted by learned counsel for the petitioner that the alleged syrup of Amplex was seized on 24.06.2006 and as per the own averments of the informant, it was sent to the laboratory on 07.07.2006 and in view of the fact that one of the analysts approved by Bihar government gave a certificate of the standard quality of the alleged syrup as contained in Annexure-3, then the report ought to have been obtained from the Central Laboratory, Kolkata. It is also submitted that 2 due to keeping the medicine outside for a considerable period, as it appears that after seizure it was kept for more than a month, it is claimed that the prosecution agency might also change the component of the syrup. It is further submitted that for the seizure of 2006 the complaint was lodged in 2009 when the chemical analyst report was made available to the prosecution in 2007 itself. Considering the aforesaid facts, let the petitioner namely Yatindra Mohan Ojha, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Complaint Case No. 2(0) 2009. Shageer ( Dinesh Kumar Singh, J)