- (1.) Tersely, the facts & material, culminating in the commencement, relevant for disposal of instant petition for regular bail and emanating from the record, are that, on 11.7.2012, in the wake of secret information, complainant Mrs. Vijay Rani, Drug Control Officer (for brevity "the complainant") and M.K.Bhadu, SMO, formed a raiding party and conducted the search of the premises of Sharma Medical Agency, Dabwali and recovered 15000 Microlet tablets, 20000 Lomotil tablets, 480 bottles of Rexcof syrup, 400 Lupigesic injections, 550 Unizoncine injections, 900 Zocin injections, 1200 Spasmocip capsules, 1000 ZZZ tablets, 5000 tablets of Zepose 10 Mg, 3500 tablets of Zepose 5 Mg., 3150 tablets of Decalm 10 Mg., 700 tablets of Decalm 5 Mg., 3300 capsules of Spasmocip Plus, 32400 tablets of Rest 0.5, 6800 capsules of Parvon Spas, 1100 tablets of Anxipam, 390 capsules of Dexovon, 94000 tablets of Antipam 2 Mg., 6000 tablets of Spasmo Plus, 1000 Unizocine Injections (1 ml), 6912 capsules of Spasmo Proxyon, 720 capsules of Spasmo, 2700 capsules of Spasmo Cip Plus, 200 Unizocine injections, 100 capsules of Provon Fort, 96 Fortvin injections, 44000 Momolit tablets, 35400 Prozolam 0.5 Mg., 21780 Provon Spas capsules, 10000 Pheuolit tablets, 5600 Tranax, 8800 Alto 0.5 Mg. tablets, 7200 Spazpmoci Plus capsules, 2000 Parvodex capsules, 144000 Alto 0.5 Mg. tablets, 2160 Proxyvon capsules, 2304 Parvon capsules, 78000 Altipam 2 tablets, 25000 bottles of Corex syrup, 25000 Fhenoltil tablets, 90400 Alto 0.5 tablets, 5000 Luzapalm tablets, 2880 bottles of Rexcaf cough syrup (602 ml), 480 bottles of Rexcaf cough syrup (100 ml), 3840 bottles of Rexcaf cough syrup (100 ml), 330 bottles of Kilcaf (100 ml) and 5 bottles of Kilcaf (10 ml) from the possession of the petitioner without any valid permit or licence under the Narcotic Drugs & Psychotropic Substances Act, 1985 and rules framed thereunder (hereinafter to be referred as "the NDPS Act & relevant rules").
(2.) Sequelly, the complainant claimed that she demanded, but the petitioner failed to submit the valid permit, licence under the NDPS Act, relevant stock register and sale record etc. in this respect. After completion of all the statutory/codal formalities of taking samples etc., the samples & remaining drugs were sealed into separate parcels and taken into possession vide recovery memos in the presence of witnesses.
(3.) Leveling a variety of allegations and narrating the sequence of events, in all, according to the prosecution that huge commercial quantity of pointed Narcotic Drugs & Psychotropic Substance was recovered from the possession of petitioner and his other co-accused without any valid permit or licence and relevant record. It was claimed that the composition of salts contained in the Narcotic Drugs & Psychotropic Substances recovered from the accused, fall within the Table/Schedule appended to the NDPS Act and the relevant rules framed thereunder. In the background of these allegations and recovery of narcotic drugs, the present criminal case was registered against the petitioner & his other co-accused Ajay Kumar, by virtue of FIR No.288 dated 11.7.2012, on accusation of having committed the offences punishable under Sections 21 and 22 of the NDPS Act by the police of Police Station City Mandi Dabwali, District Sirsa.;