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Davinder Kant Sharma Versus State of Punjab

2015 (10) TMI 2190 - PUNJAB & HARYANA HIGH COURT

Enlargement on bail in FIR Petitioner contends that since no chargesheet filed till 90 days; he is entitled for bail Revenue contends that petitioner is alleged of recovering tablets COLDSET from pharmaceutical unit, manufacturing the same is an offence Further contended that fake bills were prepared and shown supply to non-existent firms Misuse the licence granted for dealing with controlled substances thus guilty of an offence under Section 9-A of NDPS Act.

Held That:- Three .....

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port within two weeks Decide the bail of petitioner afresh If two views are allowed, bail to petitioner be granted Decided in favour of Petitioner. - CRM-M-11032 of 2015 (O&M) - Dated:- 14-10-2015 - Surya Kant And P. B. Bajanthri, JJ. For the Petitioner : Mr. Dharmender Bhan, Adv For the Respondent : Ms. Reeta Kohli, Addl. AG Punjab with Mr. Vaibhav Sharma, DAG Punjab JUDGMENT Surya Kant, J. (1) The petitioner has moved this second petition seeking his enlargement on bail in FIR No.69 da .....

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from the side of Village Kotla Bhai, which was stopped at the barrier. It was being driven by a young man who disclosed his name as Davinder Singh @ Happy s/o Baljit Singh. Search was conducted and 8½ kg ephedrine was recovered from a polythene envelope lying in the trunk of the vehicle. Davinder Singh was arrested and during interrogation, some more incriminating material was recovered from him. It was revealed that Davinder Singh @ Happy was actually the driver of Jagdish Singh @ Bhola .....

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milarly, Dev Raj @ Dev Behal who was arrested on 07.12.2013 too during interrogation allegedly named the petitioner-Davinder Kant Sharma - proprietor of Patli Dabur Healthcare Pharmaceutical Unit. (3) The petitioner was declared proclaimed offender on 22.05.2014 as he was evading arrest but soon thereafter was arrested on 24.06.2014. It is alleged that he got recovered 8,15,900 tablets containing Pseudoephedrine and Triprolidine from his factory/licensed premises on 26.06.2014. (4) The petitione .....

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ce no chargesheet was filed within 90 days of his arrest, he is entitled to be released on bail on the parity of Hrang Tin Khara to whom a learned Single Judge of this Court granted statutory bail in identical circumstances vide order dated 12.06.2014 passed in CRM-M-13049-2014. However, as mentioned in the opening paragraph of this order, the matter was primarily argued on merits. (6) To appreciate the prosecution case against the petitioner, a brief reference to the allegations made against hi .....

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et Singh Arora, CJM, Fatehgarh Sahib and recovery of 815900 intoxicating tablets under the brand name of COLDSET containing pseudoephedrine was effected and 3 stock registers, fake bill, income tax returns, drug licenses, copy of sale deed, stock register were also recovered and these registers were checked by drug inspector Sh. Sunny Kaushal and the same were found to be tampered. The forged bill no.202 dated 16.11.2013 which is in the name of TTDL Pharma, A12/15, Bhajan Pura, Delhi from Patli .....

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session vide seizure memo . (7) Learned counsel, in the above-stated context, inter alia, contended that the entire case is false and fabricated hence the petitioner deserves to be released on bail on following grounds:- (i) The tablets COLDSET recovered from the factory premises of the petitioner is not an illicit or illegal product. The Drug Licensing Authority, Solan vide licence dated 05.01.2011 (P3 colly) has expressly permitted the petitioner s unit (Patli Dabur Health Care) to manufacture .....

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nces (Regulation of Controlled Substances) Order, 2013 and these controlled substances include (A) ephedrine and its salts; (B) pseudoephedrine and its salts. The nature of activities permitted under the licence is (a) purchase, (b) possession, (c) storage and (d) consumption; (iii) The sale invoices, bills and other records maintained by the petitioner s unit are absolutely genuine; (iv) The petitioner has been implicated on the basis of confessional statements which are inadmissible; (v) There .....

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found in existence. The owner of the house denied the existence of any such factory or the rent agreement executed with him. It is claimed that fake entity was the petitioner s creation as a device to justify the illicit sale of controlled substances to drug mafia. Learned State counsel relied upon a written note given by the proprietor of M/s T.T.D.L. PHARMA of Bhajan Pura, Delhi to the effect that the invoice No.0202 dated 16.11.2013 of Patli Dabur Health Care sent at the address of his firm i .....

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the three accusations attributed to the petitioner, at least two are legally unsustainable and such accusations cannot invite the rigors of Section 37(1)(b)(ii) of the NDPS Act. The first allegation is of recovery of tablets COLDSET from the pharmaceutical unit. In view of the explicit permission granted by the Competent Authority to manufacture those tablets, it is baseless to say that manufacturing of such product is an offence. As per the FSL report dated 28.10.2014, the parcel containing 20 .....

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the accusation. (10) As regard to the third allegation, namely, preparation of fake bills or showing supply to non-existent firms, no meaningful investigation has been done except to the statements of some persons who prima facie, were afraid of their own complicity. (11) When a commercial establishment or industrial unit is established, there has to be complete documentation in the records of the concerned Govt. Department. The parameters for setting up an industrial unit as compared to openin .....

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