IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34772 of 2009 SANJEET KUMAR @ CHINKU, SON OF MOHAN PRASAD, RESIDENT OF VILLAGE DUDHPURA, P.S. HASANPUR, DISTRICT SAMASTIPUR. -- PETITIONER Versus THE STATE OF BIHAR -- OPPOSITE PARTY with Cr.Misc. No.37292 of 2009 SANJEET KUMAR S/O MOHAN PRASAD RESIDENT OF VILLAGE DUDHPURA, P.S.HASANPUR DIST.SAMASTIPUR -- PETITIONER Versus THE STATE OF BIHAR --OPPOSITE PARTY with Cr.Misc. No.38777 of 2009 SANJEET KUMAR, SON OF MOHAN PRASAD, RESIDENT OF VILLAGE DUDHPURA, P.S. HASANPUR, DISTRICT SAMASTIPUR. -- PETITIONER Versus THE STATE OF BIHAR -- OPPOSITE PARTY ----------- 4 23.12.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State pursued the counter affidavit filed on behaof the State. The petitioner runs three medicine shops which are known as Bihar Drug and Munna Medical Hall. A raid was conducted and three F.I.Rs. were instituted. Rosera P.S. Case No. 74 of 2008 relates to Bihar Drug, Hasanpur P.S. Case No. 84 of 2008 related to Munna Medical Hall situated in Dudhpura and Hasanpur P.S. Case No. 83 of 2008 also refers to Munna Medical Hall also situated in village Dudhpura. This application has been filed for release of the medicines. The Court below has rejected the application of release on the ground that the petitioner does not have a valid licence. Learned counsel for the petitioner submits that at the time of raid and at the time of filing of the application for release, the petitioner possessed a valid licence for all three shops 2 however, present position is that the licence of Bihar Drug appears to be valid licence as it stated in the licence that it would be valid from 16.8.2005 to 15.8.2010. Therefore, as far as the seizure of medicines of Bihar Drug is concerned, this Court finds that there is no justification for not releasing the medicines in favour of the petitioner. The petitioner apparently has a valid licence and he is the owner of the medicines. Medicines are perishable and it would be waste of national wealth if the medicines are not released or sold. In the circumstances, I direct that the A.C.J.M., Rosera should release the medicines in favour of the petitioner with respect to the seizure made from the shop Bihar Drug to own satisfaction. As far as the release of medicines with respect to the other two shops are concerned, it is apparent that the licence of the petitioner expired on 10.7.2009. In the circumstances, it would be just and fair that those medicines which have expired or are damaged be released in favour of the petitioner so that he may approach the Company and receive remuneration for the expired/damaged drugs. As far as the other medicines are concerned, it would be proper that the Court should ask the Drug Inspector to make arrangements to sell those medicines, so that they are not wasted and can be ustilized. The expired and damaged medicines which have been seized in 3 Hasanpur P.S. Case No. 84 of 2008 and Hasanpur P.S. Case No. 83 of 2008 should be released to the petitioner to the satisfaction of the A.C.J.M., Rosera. These applications are disposed of with the aforesaid directions. Sanjay (Sheema Ali Khan, J.)