TSHERING GANJAY LACHUNGPA Vs. STATE OF SIKKIM
LAWS(SIK)-2020-11-1
HIGH COURT OF SIKKIM
Decided on November 11,2020

Tshering Ganjay Lachungpa Appellant
VERSUS
STATE OF SIKKIM Respondents


Referred Judgements :-

SANJAY CHANDRA VS. CBI [REFERRED TO]
DATARAM SINGH VS. STATE OF UTTAR PRADESH & ANR. [REFERRED TO]


JUDGEMENT

Bhaskar Raj Pradhan,J. - (1.)This is an application for bail filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) read with Section 37 of Sikkim Anti Drugs Act, 2006 (SADA, 2006).
(2.)The First Information Report (FIR) against the applicant was lodged on 07.10.2020 before the Rangpo, Police Station alleging that on 07.10.2020 while on a routine checking at the Rangpo check post the applicant was intercepted in a Siliguri- Gangtok bound incoming commercial vehicle bearing registration number SK01J- 0042 under suspicious circumstances. The applicant was searched in the presence of two witnesses and the SDPO/Rangpo after he exercised his option under Section 24 of the SADA 2006. During the search the following items were seized:-
"i) 45 bottles of OWNREX cough syrup having batch no.020620-SH2, mfg. June 2020, exp. May 2022 (Each bottle contains 100 ml, thus 45x100=4500 ml)

ii) 10 files of Nitrosun-10 having batch no. AB32109, mfg 03/2020, exp 02/2023 totalling of 98 tablets (02 tablets consumed)

iii) 33 files of Spasmoproxyvon plus totalling of 787 capsules having batch no. JU10711, mfg Nov/2019, Exp. Oct 2021 (05 capsules consumed)

iv) One green folder containing a) 02 sheets of STNM Medical card issued in the name of Tshering G. Lachungpa, b) Court appearance certificate issued to CT. Tshering Lachungpa.

v) Police Track suit (one set)

vi) Purple luggage trolley labelled Safari with check in tag of Airport having named Tshering Lachungpa."

(3.)It was alleged that the applicant was not able to produce any valid license under the Drugs and Cosmetics Act, 1940 or the Sikkim Trade License Act and the prescription of a qualified medical practitioner. Thereafter, the aforesaid items were seized and the applicant was arrested under Section 7(a)7(b)/9 and 14 of the SADA, 2006.
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