MOHAN BEHARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is second bail application by Mohan Behari. His earlier bail application rejected on 1st Feb., 1991 by this Court. The learned counsel for the petitioner urged that two important points were not brought to the notice of this Court when the earlier bail application was decided. The first point urged was that the samples which were seized from the shop of the petitioner might have been sent to Gaziabad for analysis of the contents of the samples but neither those samples nor the report of the analyst from Gaziabad was sent to S.M.S. Medical College, Jaipur for opinion on the point whether the drug seized was likely to cause death, of a person to whom the drug was administered. The next point urged was that the report of the Medical Board dated 21st Dec., 1990 constituted in S.M.S. Medical College does not give an opinion that the drug when used by any person in connection with the treatment was likely to cause his death. The report was only to the effect that the drug could lead to serious threat to the life of the patient. I need not express any opinion on the second point and on this point, I am not inclined to grant bail to the petitioner. As regards the first point, it was expected from the Investigating Agency to have sent the report received from Gaziabad in relation to the samples seized from the petitioner to S.M.S. Medical College for obtaining opinion on the point whether the drug in respect of which the analyst had made the report was likely to cause death of the person using it or was likely to cause such harm on his body which amounted to grievous heart. On account of this lapse on the part of the Investigating Agencies, I am of the view that the petitioner should be enlarged on bail. It is a matter of regret that in investigation of such serious offences, the Investigating Agencies for reasons known to them leave some thing for the accused to escape of technical grounds. This should not be considered as an expression of opinion by this Court and the matter is still open for the trial court to decide whether the report dated 21st Dec., 1990 can also be used in relation to the two samples which were seized from the shop of the petitioner and which according to the report of Gaziabad had more or less similar nil, adulterated contents as was the case in relation to the other samples whose report have been sent to S.M.S. Medical College, Jaipur for its opinion on the question whether the use of (illegible) were likely to cause death.

(2.) It is ordered that the petitioner Mohan Behari Gupta will subject to his furnishing personal bond in the sum of Rs. 50,000.00 (Rs. Fifty thousand only) with two sureties in the sum of Rs. 25,000.00 each to the satisfaction of the Chief Judicial Magistrate, Jaipur City, Jaipur to appear in his court in the cr. case launched in pursuance of FIR No. 545/1990 for offences U/ss. 16, 17A, 17B, 18, 18A, 18B and 27 etc. of Drugs and Cosmetics Act, 1940, be released on bail. The petitioner will further undertake that he will not sell adulterated or such spurious drugs or drugs of sub-standard quality during the pendency of the trial.