Sudipta Mandal @ Mondal vs The State Of Jharkhand
2022 Latest Caselaw 2189 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         B.A. No.706 of 2022
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Sudipta Mandal @ Mondal .... .... Petitioner/Applicant Versus The State of Jharkhand .... .... Opposite Party

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner/Applicant : Mr. Abhay Shankar Dayal, Adv.

For the State                         : Mr. Ravi Prakash, Spl.P.P.
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              th
05/Dated: 15 June, 2022

1. Heard learned counsel for the applicant and learned counsel for the State.

2. The applicant who is in custody since 07.10.2021 has approached this Court for grant of regular bail in connection with Sadar P.S. Case No.378 of 2021, registered for the offence under Section 22(b) of the N.D.P.S. Act and under Sections 18(c) and 27(b)(ii) of the Drugs & Cosmetics Act.

3. It appears that the applicant has been arrested with the commercial quantity of the narcotics substance.

4. It has been submitted by the learned counsel for the applicant that the substance is cough syrup and is not covered under the N.D.P.S. Act. Further, the recovery of the same has not been made from the conscious possession of this applicant rather he has been alleged sitting on the bag in which the bottles have been kept. No criminal antecedent has been reported. The applicant undertakes to participate in the trial. On the above basis, the prayer for bail has been made.

5. On the other hand, counsel for the State has opposed the prayer for bail and by referring to the judgment dated 23.02.2021 passed in B.A. No.1616 of 2021, it has been submitted that if the preparation in question is through medical chain then the Drugs and Cosmetics Act will be applicable and if it is outside the medical chain then the N.D.P.S. Act is attracted. The recovered quantity is commercial and as such the restriction of Section 37 of the N.D.P.S. Act will apply. On the above submission, the prayer for bail has been objected.

6. Having heard the learned counsel for the parties and from perusal of the record, it appears that the preparation in question was not under the medical chain rather it was outside medical chain, and as such, N.D.P.S. Act gets attracted. Further, the applicant has been apprehended with the commercial quantity of the narcotics substance.

7. In view of above discussion, this Court is not inclined to enlarge the applicant on bail, at this stage. Accordingly, the present bail application is, hereby, rejected.

(Rajesh Kumar, J.)

Amar/-