1 2025:CGHC:2030 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 47 of 2025 Sunil Agrawal S/o Shri Ghasiram Agrawal Aged About 30 Years Proprietor M/s Ramkishan Medical Store Village Dabhra Tahsil And P.S. - Dabhra District - Janjgir- Champa (C.G.). ... Applicant versus State of Chhattisgarh Through Hitendra Kumar Bambode, Drug, Inspector, Block Dabhra-Malkharoda District - Janjgir-Champa (C.G.). ... Non-Applicant For Applicant : Mr. Sanjay Agrawal, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.01.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with complaint Case No. 414/2023 pending before learned Special Judge, Drugs and Cosmetic Ac (Drugs and Cosmetic Act) District Janjgir – Champa (C.G.) for the offence punishable under Sections 17B, 17B(C)(d), (e), 18A, 18B and 27(c) and Section 28 of the Drugs and Cosmetics Act, 1940. 2. A complaint case was filed by Hitendra Kumar Bambode, Drug Inspector, alleging that on October 26, 2019, during an inspection of ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.14 10:34:54 +0530 2 M/s Ramkishan Medical Store, he seized Floxa-200, Batch No. AP1003, manufactured on March 2019, and expiring on February 2021, manufactured by Anecxa Pharma, and marketed by Azoun Healthcare. When asked to produce the bill for the aforementioned drugs, the applicant failed to do so. A bailable warrant was issued, requiring the applicant to appear on November 28, 2024. The applicant arrived at the Court on the scheduled date but was late. Upon inquiry, the applicant was informed by available counsel that the matter was pending before the Special Court, and due to the applicant's absence, an arrest warrant had been issued. The applicant was advised to arrange for a bailor, as they would be arrested upon appearance. 3. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in this case. He submits that a bailable warrant was served to the applicant, requiring him to appear on November 28, 2024. Although the applicant arrived at Court on the scheduled date, he was late. Upon inquiry, the applicant was informed by available counsel that the matter was pending before the Special Court and that an arrest warrant had been issued due to the applicant's initial absence. He also submits that the applicant owns a licensed medical store, M/s Ramkishan Medical Stores. The medicine seized by the complainant on October 26, 2019, was purchased by the applicant from Gautam Medicine Center Raipur (C.G.) on September 3, 2019, through a confirmed bill from the dealer. The complainant issued a notice on April 24, 2020. The applicant attempted to provide the bill on the same day but was refused by the drug inspector. The applicant then provided the bill on May 4, 2020. 3 Notably, the investigation is still ongoing. He further submits that the drugs which has been seized from the applicant who is a retailer and not a manufacturer, the applicant is having valid licence at the time of incident and there is no complaint against the applicant, therefore, he prayed for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel for the non-applicant/State, would oppose the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case that the matter pertains to the year 2019 and the applicant is having valid licence at the time of incident, therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application - Sunil Agrawal is allowed. It is therefore, directed that if the applicant furnishes a personal bond of Rs. 20,000/- with a solvent surety in the like sum to the satisfaction of the Special Judge, Drugs and Cosmetic Ac (Drugs and Cosmetic Act) District Janjgir – Champa in complaint Case No. 414/2023, he shall be released on bail. Order shall be in force till disposal of the case. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek