DINESH GARG Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in the present petition is for grant of anticipatory bail to the petitioner in FIR No.637 dtd. 2/12/2021 registered under Ss. 420/336/120-B of the Indian Penal Code, 1860, Ss. 3, 4 and 5 of the Medical Termination of Pregnancy Act, 1971, Ss. 18A, 18B and 18(C) of the Drugs and Cosmetics Act, 1940 and Sec. 15(2)(B) of the Indian Medical Council Act, at Police Station Sector-58, District Faridabad.

(2.) FIR, in the present case, has been registered on the application moved by Deputy Civil Surgeon, PNDT, Palwal to the effect that he had received secret information that one quack Dr. Anand is practicing as a Doctor at M/s Komal Health Centre and is running an illegal business ofmedical termination of pregnancy (for short "MTP") and easily providing the MTP kits to abort the fetus of pregnant women and charging Rs.1000.00per MTP kit and accordingly, a raiding team was prepared and one decoy customer namely Smt. Manisha was sent to the clinic, who met the said Dr. Anand and told him that she was pregnant and she needed medicine and treatment to abort the child and Dr. Anand told her that she can terminate the same with MTP pills and asked for an amount of Rs.700.00 from her. The moment, the said amount of Rs.700.00 was handed over to Dr. Anand, the raid was conducted and he was arrested on the spot. It is the case of the petitioner that said Doctor has stated that she had taken the MTP kit from the present petitioner.

(3.) Learned counsel for the petitioner has submitted that the petitioner was not the one who was apprehended at the time of raid and has also argued that the petitioner is a Drug Licence Holder and is authorized to sell, purchase, stock the medicines and there are no allegations to the effect that it is the petitioner who had sold any medicine to any lady who was pregnant and has further submitted, that all the sales which have been made by the petitioner are with the bills and in accordance with his licence. It is contended that the petitioner was granted interim protection by the Additional Sessions Judge, Faridabad vide order dtd. 21/12/2021 but however, his anticipatory bail application had been rejected on the ground that there were call details between the petitioner and the applicant. It is further contended that since the petitioner is a Licenced Pharmacist, thus, he keeps MTP kits and sells the same to persons after being shown a prescription from the Doctor. It is argued that the custodial interrogation ofthe petitioner is not required inasmuch as, nothing is to be recovered from him and the petitioner is not involved in any other case.