Punjab-Haryana High Court
Vikas Mittal vs State Of Punjab on 12 September, 2014
Author: Ritu Bahri
Bench: Ritu Bahri
RITU
CRM-M No. 24999 of 2014 1
2014.09.23 11:15
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
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CRM-M No. 24999 of 2014 Date of decision : September 12, 2014 ***** Vikas Mittal ............Petitioner Versus State of Punjab ...........Respondent ***** CORAM: HON'BLE MS. JUSTICE RITU BAHRI ***** Present: Mr. J.S Sandhu, Advocate for the petitioner.
Mr. Anmol Grewal, AAG, Punjab.
***** RITU BAHRI, J The petitioner is seeking grant of anticipatory bail in FIR No. 129 dated 19.9.2013 under Sections 21/22/25/27-A, 29, 61, 85 of NDPS Act and Sections 420, 467, 468, 471 and 120-B IPC registered at Police Station Division No. 6, Ludhiana, Punjab. The petitioner has not been named in the FIR and is being implicated being an employee of M/s G.S.B Pharmaceutical Firm. Neither any recovery has been effected from him nor he has been arrested from the spot. The Drug Controlling Authority have given a No Objection Certificate to the owners regarding possession of all the manufactured and other components taken into possession by the police. The anticipatory bail application of the petitioner has been rejected by the CRM-M No. 24999 of 2014 2 Judge, Special Court, Ludhiana on 20.5.2014 (Annexure P-1) on the ground that even though the petitioner was an employee of M/s G.S.B Pharmaceutical Firm, the huge quantity of commercial nature of prohibited drugs were involved in the occurrence and the same was recovered. An affidavit has been filed by the Assistant Commissioner of Police (Crime), Ludhiana to the effect that on 19.9.2013, Sub Inspector Harbans Singh, Incharge, Anti Narcotic Cell, Ludhiana along with other police employees was present in connection with patrolling duty at Cheema Chowk, Ludhiana when he received a secret information that Nitin Goyal, Pawan Goyal, Deepak Soni and others have opened their respective Medical Halls at Pindi Street, Ludhiana and in connivance with the transporters bring huge quantity of intoxicant drugs and intoxicants powder worth crores of rupees on the basis of fake bills and fake documents.
After registration of the FIR on 19.9.2013, recovery of 81,000/- intoxicant injections of Parvon Spas, 2,00,000 intoxicant Tablets of Carrisoma, 1400 bottles of Rexcof were recovered from the godown of Kamal Transport Pvt. Ltd. Similarly, 4,84,000 intoxicant capsules of Parvon Spas and 9,00,000/- tablets of Momotil were recovered from the godown of Nitco Logistic Transport Company.
Similarly, 83,50,000 intoxicant tablets of Phinotil, 40,00,000 intoxicant tablets of Microlit and 12000 Bottles of A-VI were recovered from the godown of the Amritsar Transport Company. This huge quantity of intoxicant drugs were booked by the present CRM-M No. 24999 of 2014 3 petitioner in the said transport from his firm Him Pharmaceuticals, Baddi through the said transport vide two consignments bearing no. 346717 and 346718 which was to be further delivered to the co- accused of the petitioner at Ludhiana. The petitioner was the Manufacturing Chemist of the firm and was supervising the manufacturing process and that he had booked the above noted huge quantity of intoxicant drugs from Baddi through Amritsar Transport Company. It was a case of intoxicant drugs in which intoxicant drugs worth crores of rupees were recovered from various accused including the Medical Shopkeepers and transporters etc. Further as per the Division Bench judgment of this Court in Crl. Misc. No. M-13140 of 2012 titled as, `Inderjeet Singh @ Laddi vs. State of Punjab' (date of decision 31.1.2014), it has been held that if the drugs are manufactured and sold without following the procedures under the Drugs and Cosmetics Act, an offence under the NDPS Act would be made out. Since the investigation is still pending in this case, no case for grant of anticipatory bail is made out to the petitioner.
Petition is dismissed
September 12, 2014 ( RITU BAHRI )
ritu JUDGE