- (1.) RAM Dayal Mathur has filed this petition for issuance of a writ in the nature of certiorari for quashing summon dated 20.9.2013 (Annexure -1) under Section 67 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, N.D.P.S. Act ).
(2.) PETITION also seeks issuance of writ in the nature of mandamus directing respondent not to arrest the petitioner in pursuance of summon dated 20.9.2013.
(3.) SKELETON of facts of this case are that on 26.8.2013, a raid was conducted by a team of officials from Narcotic Control Bureau at the premises of M/s Simran Pharma, UGF No.9, New Medicine Market, Aminabad, Lucknow. Baljeet Singh, the proprietor of the said firm, was found in the premises and led the team to recover large quantity of drugs, including Phensedyl Cough Syrup. It is the admitted case that Phensedyl Cough Syrup is manufactured by M/s Abbott Healthcare Pvt. Ltd. Under the circumstances, although, the drug had not allegedly been recovered from the officials/employees of M/s Abbott Healthcare Pvt. Limited, however, statement of officers of the said company was recorded. One Adil Ali Khan, Area Sales Manager of Abbott Healthcare Private Limited disclosed the names of six subordinate Territory Sales Managers working under him. One of the said persons happened to be Ashok Kumar. Allegedly, Ashok Kumar used to take orders from stockists and enable supply of the said drug from the manufacturer. On the basis of alleged statement of Ashok Kumar, Territory Sales Manager, M/s Abbott Healthcare Private Limited, Management Division at Lucknow, recorded under Section 67 of the N.D.P.S. Act, proceedings were carried against him (Ashok Kumar).;