BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure has been filed for quashing and setting aside the order passed by the trial court which was affirmed by learned Revisional Court whereby prayer made by the petitioner to release the medicines seized from the shop of the petitiner was declined.

(2.) Learned counsel for the petitioner submits that it is agreed that at the relevant time when the medicines were seized, the petitioner was not having valid licence but subsequently the licence was renewed in the name of same properitor and now renewed licence is upto year 2008. According to learned counsel, no purpose will be served by keeping the medicines with the Drug Inspector as it will expire after certain period.

(3.) Learned Public Prosecutor submits that the trial court and the revisional court both considered the matter properly, therefore, this misc. petition deserves to be dismissed. After careful consideration of the submissions of the learned counsel for the parties, I am of the opinion that keeping the medicines seized is of no consequence particularly when the licence has been renewed, and now the petitioner is entitled to sell the medicine which was seized by the Drug Inspector.