- (1.) Present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in Criminal Case No. 855 (06) LDH/2011, under Sections 2, 9, 22, 25, 27-A and 29 of the Narcotic Drugs and Psychotropic Substances Act, filed by respondent from the area of Police Station Sector 17, Chandigarh.
(2.) Brief facts of the case are that on a specific intelligence, a case was registered against M/s Ten Star Industries, Village Nalka, Near Baghbaniya, Tehsil Nalagarh, District Solan (H.P.) that it was indulged in unlawful delivery/removal/dealing with Controlled Substances in violations of provisions of the Narcotic Drugs and Psychotropic Substances (Controlled Substance Regulation) Order, 1993 (hereinafter referred to as "1993 Order") and the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act"). During the search of M/s Ten Star Industries on 23.10.2011, 5.350 kgs. powder and 115.045 kgs generic tablets were recovered. During the search of another premises of M/s Torranto Pharmaceutical (P) Limited, Khalsa School Chowk, Bathinda Road, Muktsar, having Jasvir Singh Sodhi as one of the Director, various medicines were recovered. During the preliminary investigation and recording of voluntary statement under Section 67 of the NDPS Act on 25.10.2011, Sh. Jasvir Singh Sodhi in his voluntary statement had named M/s Allwell Pharmaceuticals, Chandigarh as supplier of Pseudoephedrine and Alprazolam. Thereafter, a raid was conducted at the premises of M/s Allwell Pharmaceuticals, SCO No.2419-20, Sector 22-C, Chandigarh. Sh. Manjit Kumar, during panchnama proceedings dated 19.11.2011, as well as, during recording of his statement dated 20.11.2011 was confronted with bill dated 26.09.2011 issued by M/s Allwell Pharmaceuticals, Chandigarh for supply of psychotropic substance to M/s Ten Star Industries. In the voluntary statement of the above referred date, Manjit Kumar admitted that bill dated 26.09.2011 for Rs.23,680/- was issued by him after Diwali. i.e. after the arrest of Jasvir Singh Sodhi without maintaining statutory records and even failed to produce the records. During the search from M/s Allwell Pharmaceuticals, 460 grams Ketamine, a psychotropic substance was also recovered and he could not produce any record regarding procurement of the said psychotropic substance.
(3.) Learned counsel for the petitioner vehemently argued that the petitioner is a partner of M/s Allwell Pharmaceuticals and is a license holder from Licensing Authority-cum-Drug Controller, Chandgiarh and referred to Annexure P/1 wherein license has been issued and the petitioner is shown as Incharge and Proprietor of the firm. Learned counsel for the petitioner has further made reference to a bill dated 12.05.2001 (Annexure P/2) regarding purchase of Ketamine from Turakhia Bros, Mumbai and contended that when the Ketamine was purchased, it was not in the list of psychotropic substance. It has come on the list for the first time on 10.02.2011. It is the case of the petitioner that the said medicine had a shelf-life of 3 years and has expired in the year 2004. As such, the ketamine was not a contraband and Ketamine has been added for the first time vide notification dated 10.02.2011 in the schedule at Sr. No. 10A and has been notified in the notification at Serial No. 238E in pursuance of notification dated 21.06.2011, so the possession of the petitioner was legal in pursuance of the purchase order.;