IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19396 of 2008 SUDAMA PRASAD GUPTA, Son of Late Ayodhya Prasad Gupta, resident of Mohalla-. Takia Bazar, Sasaram, P.S. Sasaram ( T), District-Rohtas ------------- Petitioner Versus STATE OF BIHAR ----------- For the petitioner : M/S N.K.Agrawal, Sr. Advocate Rameshwar Singh, Advocate. For the State : Dr.M.N.Jha, A.P.P. ----------- 4 09-11-2009 Heard the learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 25.4.2008 passed in Cr.Revision No.56 of 2008, by which the court below has refused to release the seized medicine in connection with Sasaram ( T) P.S. Case No.330/2007 instituted under Sections 420 I.P.C. ,Sections 8(C) of N.D.P.S. Act and Sections 18, 18(A), 18(B) and 22(3) of Drugs & Cosmetic Act. The shop of the petitioner has been sealed for the past two years and till date the prosecution has taken no steps to open the shop. Apart from which the licence of the petitioner has not been suspended. The court below has rejected the application on the ground that the medicines seized are required as evidence in the trial. In my opinion , the seizure list can well be treated as evidence with respect to the seized items , and as such, there is no necessity to keep the seized medicine at the police station . Most of the medicines seized would expire if they were to remain in the Police Station which would be a loss to the petitioner and a waste of national wealth - 2 - Learned counsel for the petitioner points out that stand taken on behalf of the State that the shop has been sealed because an inventory could not be prepared of the medicines .One year has lapsed since lodging of the F.I.R. and as such the stand taken on behalf of prosecution can hardly be appreciated by this Court. . The case was instituted on 25.4.2008. More than one year has elapsed. The excuse offered on behalf of the prosecution, in my opinion, is not justified. The petitioner cannot carry on business when shop is sealed , although the petitioner holds a valid licence, in the result it is ordered that the court should allow the petitioner to run his shop and direct the Drug Inspector to unlock the shop of the petitioner . The Drug Inspector is also directed to make a inventory, if required, in presence of the petitioner while unlocking the shop of the petitioner within a period of two weeks on receipt of this order. Under the circumstances, the order dated 25.4.2008 is quashed and the learned F.T.C.3, Sasaram, Rohtas shall order the concerned Police Station , to release the medicine in favour of the petitioner to its own satisfaction.. NKS/- ( Sheema Ali Khan, J)