IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32797 of 2008 JAG NARAYAN KUAR SON OF PARAS NATH KUAR, RESIDENT OF VILLAGE- BIRPUR, P.S. AGJAON BAZAR, DISTRICT- BHOJPUR, ARA Versus STATE OF BIHAR ----------- 2 16.10.2008 Heard learned counsels for the petitioner and the State. Petitioner is an accused for the offence under sections 18(C) 27(b) (ii) of the Drug and Cosmetic Act, 1940. The allegation against the petitioner is the he is the proprietor of the medical shop namely, M/s Hariom Medical Hall, Behea, Peo Road, Ara and on being inspected by the Drug Inspector it was found that the medicines of expiry dates were being used for commercial purposes. It is further alleged that the said medical shop had no licence for sell of medicines. It has been submitted on behalf of the petitioner that the inspection was done on 21.09.2006 whereas the case has been lodged on 27.11.2007 i.e. after a long delay. It is further submitted that the petitioner was not present at the time of inspection. It is further contended that in respect of the alleged violation of the aforesaid sections of the Act the Drug Inspector ought to have lodged a complaint and not the first information report - 2 - since police has no jurisdiction to register the case. Learned counsel appearing for the State opposes the prayer for bail and submits that in view of the specific allegation against the petitioner of indulging in illegal sell of medicines of expiry dates, the petitioner is not entitled to be granted the privilege of anticipatory bail. Considering the submissions of the parties and the nature of allegations, I am not inclined to allow this application. The prayer for grant of anticipatory bail on behalf of the petitioner is, accordingly, rejected. Manish/- ( Shailesh Kumar Sinha,J.)