Case: Binod Kumar @ Binod Kumar Bhagat Vs. State of Bihar

3. The prosecution has alleged that on 23.08.2016, a search was conducted at Azad Transport Company Pvt. Ltd., Sadakat Complex, Navratan Chowk, where 4000 bottles of Corex cough syrup containing codeine was recovered and on being asked, the accused appellant, who is running the said transport agency placed a consignment note before the Drug Inspector but instead of the drugs shown in the consignment note, 40 cartons containing 100 bottles each of Corex cough syrup (100 ml) having codeine was recovered and the accused did not show any documents with regard to such recovered cough syrup. The prosecution further states that the drug was recovered from the godown being managed by the appellant.

Court's reasoning:
It is evident that the Delhi High Court by order dated 01.12.2016 quashed the notification issued under Section 26A of the Drugs and Cosmetics Act, 1940 which has sought to prohibit the manufacture, distribution and sale of 344 Fixed Dose of Combination. The FIR was registered on 23.8.2016. Be that as it may, the appellant has been in custody from 24.08.2016.8. Having regard to the facts and circumstances of the case, we are of the view that it is just and proper to release the appellant on bail. Therefore, we order the appellant to be released on bail on execution of his personal bond in sum of Rs. 25,000/with two sureties in the like sum to the satisfaction of the trial judge. We permit the trial judge to impose such conditions as he feels necessary for ensuring the appellants attendance on the dates of posting in the trial court.