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2026 DAILYLAW 17672 (JHR)

SANJAY KUMAR v. THE STATE OF JHARKHAND

A.B.A./2673/2026 · 2026-06-22

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2026:JHHC:15120 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 2673 of 2026 Sanjay Kumar, aged about 67 years, son of late Kishore Lal Gupta, resident of Jora Mao By-Pass Road, Chas, P.O. and P.S. Chas, District-Bokaro ...... … Petitioner Versus 1.The State of Jharkhand 2. Shail Ambust, father’s name not known to the petitioner, Drug Inspector, Bokaro-I, P.O. and P.S. Bokaro Steel City, District-Bokaro .…. … Opposite Parties -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. A.K. Sahani, Advocate For the State : Mr. B.N. Ojha, A.P.P. 02/ 22.06.2026: Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is apprehending his arrest in connection with NDPS Case No. 7 of 2022, registered under sections 21(c) of the Narcotic Drugs and Psychotropic Substance Act read with section 27(d) and 28A of the Drugs and Cosmetics Act, pending in the Court of learned Sessions Judge, Bokaro. 3. Learned counsel for the petitioner submits that petitioner is the proprietor of M/s National Agency at Hanuman Market, Kuer Singh Colony, Chas, Bokaro which deals in wholesale medicines on the basis of license issued by the competent authority and license is valid. He next submits that the complaint is belated as the alleged occurrence took place on 15.07.2021 whereas the complaint has been filed on 14.12.2022. According to him allegations are made of selling of 600 bottles without any document however, said wincirex cough syrup is not having sufficient codeine phosphate. On these grounds, he submits that the petitioner may kindly be provided privilege of anticipatory bail. 4. Learned counsel for the State opposes the prayer and submits ( 2026:JHHC:15120 ) that in huge quantity of 600 bottles of cough syrup were sold. He submits that petitioner happens to be wholesaler and in absence of valid document 600 bottles of wincirex cough syrup of 100 ml of codeine phosphate was sold. He further submits the said cough syrup is commercial quantity and sufficient opportunity was provided to the petitioner however, the petitioner has not explained how he has sold 600 bottles and in view of that anticipatory bail of the petitioner may kindly be rejected. 5. In the explanation made by the petitioner on 25.08.2021 and annexing the consignment copy of Parshuram Roadways it was found that total 11,400 bottles had already been returned but he failed to explain the remaining 600 bottles in his explanation. When the premises of the petitioner was inspected the petitioner informed that within three days the same will be produced. However, that was not produced and in absence of any valid document huge quantity of wincirex cough syrup has been sold. Sufficient opportunity was provided but the petitioner failed to explain the same. Further the quantity of cough syrups is commercial in nature. 6. In the attending facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for bail is hereby rejected. Dt.22.06.2026 ( Sanjay Kumar Dwivedi, J.) satyarthi-