SANJAY SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Abhishek Krishna Gupta, learned counsel for the petitioners and Mr. Anup Pawan Topno, learned counsel for the State.

(2.) This petition has been filed for setting aside F.I.R. being Bariatu P.S. Case No. 81/2018, chargesheet bearing No. 165/2018, cognizance order dtd. 17/9/2018 and order of framing charge dtd. 20/5/2019 including entire criminal proceeding in connection with Drugs and Cosmetics Case No. 01/2018, pending in the Court of learned A.J.C.-II, Ranchi.

(3.) On the basis of written report of O.P. No. 2, F.I.R. was lodged alleging therein that on 17/3/2018 Joint Director (Drug), State of Jharkhand, Ranchi informed the informant on the basis of information provided by one Atul Gera of Voluntary Blood Organization that M/s Birsa Blood Bank was collecting illegal blood and blood transfusion was being done and on the basis of instruction of Joint Director (Drug), State of Jharkhand, Ranchi, Pratibha Jha (Drug Inspector, Ranchi-VI) and the informant (O.P. No. 2) reached there at 12.30 P.M on 17/3/2018 for joint inspection. On inspection, it was found that no blood transfusion was taking place therein and this information was provided to the Joint Director (Drug). Atul Gera gave inputs to Smt. Pratibha Jha on her phone that blood transfusion was taking place in a room outside the Blook bank. On such information both reached there and found that blood was transfused to one patient namely, Sri Baleshwar Prasad. Again Drug Licence of M/s Birsa Blood Bank was inspected. The blood details that was transfused to the patient Baleshwar Prasad was taken from Md. Asad Arfi dtd. 15/3/2018 and the same was mentioned at Donar Register at CI. No. 427 wherein date of collection was 17/3/2018. The mandatory test for collected blood was inspected and connected Register was seen, and it was found that the blood was put to test on 17/3/2018. The test of presence of Heptasis and HIV of the blood was done by Rapid Kit but not by Elisa Reader. The date of issue in the Issuance Register was 17/3/2018. On the basis of above facts it was clear that there was difference in the date of blood collection as well as its entry in the Register. The test of blood and its transfusion dtd. 17/3/2018 was being done without the presence of Medical Officer. In the meantime, a raid was conducted by the S.D.O., Sadar within the premises wherein blood transfusion was being done at 6.30 P.M. In the room wherein blood transfusion was done empty used blood bag, scalp vein set, blood transfusion set and other medicines were found. The purchase record of these items was demanded but was not provided. For the purpose of evidence, all registers of M/s Birsa Blood bank were seized in presence of two independent witnesses. Thereafter M/s Birsa Blood Bank and adjoining room were sealed by the S.D.O. No certificate was produced at the place wherein blood transfusion was being done under the Clinical Establishment (Registration and Regulation) Act. Therefore, it was requested to lodge F.I.R. against the partners of M/s Birsa Blood Bank under Sec. 18(a) (i)/18(a)(vi)/18(c) of the Drugs and Cosmetics Act, 1940 and Rules 1945 as well as under Sec. 329 and 338 of the I.P.C. On the basis of the these allegations, F.I.R. being Bariatu P.S. Case No. 81/2018 dtd. 17/3/2018 was registered under Sec. 329/338/34 of the I.P.C. and under Sec. 18(a) (i)/18(a)(vi)/18(c) of the Drugs and Cosmetics Act, 1940 against the petitioners and others.