Decided on May 15,2021

Sagar Pradhan Appellant


BHASKAR RAJ PRADHAN,J. - (1.) This bail application has been filed by the applicant, one of the three co-accused persons facing trial under the Sikkim Anti Drugs Act, 2006 (SADA, 2006). The facts necessary for the decision of this application is being narrated.
(2.) On 15.05.2020, an FIR was lodged before the Sadar Police Station, Gangtok, stating that on 15.05.2020, at around 1720 hours, beat 25 informed over WT set that one unknown person along with a bedding case was detained by some locals near Tadong Senior Secondary School and reported that he was suspected to be carrying contraband substances in it. The informant, as per the direction of the Station House Officer (SHO), visited the locality and conducted inquiry. Krishan Gopal Chettri along with the bedding case, was found to be guarded by beat police and the locals, who reported that they had seen two persons carrying a bedding case in a suspicious manner. When they inquired from them, one of the person ran away. They managed to detain Krishna Gopal Chettri and informed the beat personnel, who conducted the search and seizure. The following items were seized from inside the bedding case carried by Krishna Gopal Chettri:- '1. 85 bottles of Relax cof T cough syrup bearing batch no.07108-SD2, mfg. Oct.2018, Exp: Sept, 2020 marked as exhibit A. Out of 85 bottles one bottle was taken out packed and sealed separately and marked as exhibit S1. 2. 68 phials of blue colored WINSPASMO capsules bearing batch no. WBS19012, Mfg. Aug. 2019, Exp. July 2021, each phial containing 08 capsules, totaling 544 capsules marked as exhibit B. Out of 68 phials one phial was taken out packed and sealed separately and marked as exhibit S2. 3. 08 phials of Nitrosun 10 tablets bearing batch no. AB04703, Mfg. 12/2019, Exp.11/2022, each phial containing 10 tablets totaling 80 tablets. Out of 8 phials one phial was taken out packed and sealed separately and marked as exhibit S3.'
(3.) On completion of the investigation, charge-sheet was filed on 19.07.2020 on finding prima facie case under Section 7 (a)(b)/9/14 of the Sikkim Anti Drugs Act, 2006 read with Section 9(1)(b) of the Sikkim Anti Drugs (Amendment) Act, 2017 and Section 34 of the Indian Penal Code, 1860 (IPC) against the accused Krishna Gopal Chettri, Dipen Chettri and the applicant for intra-state illicit trafficking of contraband substances without any valid medical prescription issued by a registered medical practitioner.;

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