Himachal Pradesh High Court
Vijay Kaushal vs State Of Himachal Pradesh on 30 August, 2024
Author: Sushil Kukreja
Bench: Sushil Kukreja
1 ( 2024:HHC:7620 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.1576 of 2024 .
Date of Decision: 30.08.2024
Vijay Kaushal ....Petitioner
Versus
State of Himachal Pradesh .....Respondent
Coram:
For the Petitioner
r :
The Hon'ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting?1 Ms. Meera Devi, Advocate.
For the Respondent : Mr. Raj Negi and Ms. Niyati Thakur, Deputy Advocates General.
Sushil Kukreja, Judge The instant bail application has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita for releasing him on bail in a complaint case under Section 18(a)(i) read with Sections 17 & 17B, 18(a) (vi), 18(c), 22(3) and 36AD of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as 'DAC Act').
2. The brief facts of the case, as per the reply/status report filed by the respondent-State, are that on 22.11.2022, a 1 Whether reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on - 30/08/2024 20:37:09 :::CIS 2( 2024:HHC:7620 ) huge stock of spurious medicines was recovered by the Drugs Inspector from one Mohit Bansal during the course of search of vehicle bearing registration No.UP80FC-7530 (Creta Car), at .
Baddi Police Barrier, the detail of which is given as under:
Sr. Product Name Quantity/ Value in rupees Manufacturer name, as per No. tablets the label claim.
1 Zerodol TH4 190100 tablets 39,73,090/- M/s IPCA Laboratories Ltd.
Melli Jorethang Road Gom Block Bharikhola, South District Sikkim-737121.
2 Roseday10 28950 tablets 3,65,638/- M/s USV Private Ltd. Khasra
tablets No. 1342/1/2 Hill Top
Industrial Area Jharmajri,
Baddi, Solan, H.P.
3 Montair 50720 tablets 10,76,684/- Cipla Ltd. Unit II Taza Block
Sikkim 737133 India.
3. Said Mohit Bansal could not produce any licence/ authorization for the aforesaid spurious medicines and thereafter on the same very day, during the course of search of his godown, the following spurious medicines were also recovered:-
Sr. Product Name Quantity/ Value in rupees Manufacturer name, as per No. tablets the label claim.
1 Montair 10 295800 tablets 62,79,245/- Cipla Ltd. Sikkim.
2 Atorva tablets 31650 tablets 2,15,874/- M/s Zydus Healthcare, Sikkim 3 Roseday-10 97420 tablets 12,30,414/- M/s USV Limited Baddi tablets 4 Zerodol TH471080 14,85,572/- M/s IPCA Laboratories tablets Limited Sikkim
4. Besides the above-mentioned recovered spurious medicines, a huge stock of loose tablets of Calcium, Torsemide and active raw materials as Amplodipine alongwith ::: Downloaded on - 30/08/2024 20:37:09 :::CIS 3 ( 2024:HHC:7620 ) excepients PvPK 30, plain & printed foils and packaging material used for manufacturing of spurious drugs, was also recovered from the said godown and all the drugs and material .
recovered were seized and thereafter three persons, namely, Mohit Bansal, Atul Gupta and Vijay Kaushal (petitioner herein) were arrested on 22.11.2022. During interrogation, the petitioner disclosed that he had done the foiling/primary packing i.e. labeling of the compressed tables at M/s Trizal Formulations in association with other accused persons and thereafter, during search of manufacturing unit on 24.11.2022, a huge quantity of allopathic spurious drugs (loose tablets), raw materials (API and excepients, rubber stereos, scrap of foils and processed material and the machineries and change parts used in the manufacturing and packaging of spurious drugs were also recovered and since the heavy machines, change parts and equipments were used for manufacturing of spurious drugs, as such, the premises of M/s Trizal Formulations, Baddi, Solan was sealed. On 25.11.2022, the team of Drugs Inspector alongwith the police officials visited the shop of accused Mohit Bansal and during the search, huge stock of allopathic medicines was recovered and the said stock of spurious drugs ::: Downloaded on - 30/08/2024 20:37:09 :::CIS 4 ( 2024:HHC:7620 ) was manufactured at M/s Trizal Formulations, which was seized by local Drugs Inspector of Agra from the wholesale premises of Mohit Bansal. On 27.11.2022, a huge stock of .
loose tablets, packaging material, used rubber stereos, active raw material alongwith die and punches was also recovered from the residence of accused persons Mohit Bansal and Atul Gupta and on the same day, accused Naresh Kumar, an employee of M/s USV Limited Baddi, was also arrested for doing the work of manufacturing/coating of spurious medicines in association with other accused persons at M/s Trizal Formulations.
5. During the course of further investigation on 01.12.2022, Mohammad Qaiser Imam and Naresh Kumar, Asst. Manager Zydus Lifesciences Ltd. Ahmedabad submitted that products and foils of their firm which were recovered from the accused person did not belong to M/s Zydus Lifesciences and thereafter a huge stock of following spurious drugs was also recovered:-
Sr. Product Name Quantity/ Value in rupees Manufacturer name, as per No. tablets the label claim.
1 Glimisave M266000 tablets 806652/- M/s Eris Lifescuebces Ltd.
tablets Amingaon North Guwahati
Kamrup Assam.
2 Roseday 1043950 tablets 555088/- M/s USV Private Ltd. Plot
tablets No.6 & 7E HPSIDC, Indl.
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5
( 2024:HHC:7620 )
Area Baddi, Solan, H.P.
3 MONTAIR 67350 tablets 1429705/- M/s Cipla Ltd. Unit II Taza
tablets Block Rorathang Sikkim
6. It was alleged that the petitioner alongwith .
other accused persons manufactured the aforesaid spurious tablets and transported the same to Agra through M/s TCI Express (Courier service) to his own godown at Agra and thereafter these medicines were recalled and seized on 04.12.2022 and on 23.12.2022, detailed comparative reply between the spurious drugs recovered from accused Mohit Bansal and genuine product of same batch of M/s Sydus Healthcare Limited Uit II, Sikkim was received from M/s Zydus Healthcare Limited and it was confirmed that the Atorva 10 tablets B. no.I202140 and foils of Atorva 20 tablets recovered from accused Mohit Bansal and other accused persons were spurious in nature. In the reply received from M/s Eris Lifesciences Limited on 16.01.2023, it was confirmed that the drugs of M/s Eris Lifesciences recovered from accused Mohit Bansal and other accused persons were spurious in nature.
The test and analysis reports of all samples were received from Regional Drugs Testing Laboratory (RDTL), Chandigarh, wherein it was found that the samples were not of standard quality and also being spurious in nature. During the course of ::: Downloaded on - 30/08/2024 20:37:09 :::CIS 6 ( 2024:HHC:7620 ) investigation, the statements of the helpers working at M/s Trizal Formulations, namely Shivam Thakur and Naval Kumar were recorded under Section 164, Cr.P.C, whereby it was .
confirmed that petitioner Vijay Kaushal was doing the manufacturing/packaging i.e. labeling of spurious drugs alongwith other accused persons.
7. Learned counsel for the petitioner contended that the petitioner is innocent and he has been falsely implicated in this case. She further contended that the petitioner was working as a labourer only and was doing the work of packaging the drugs and he was not a qualified person in the field of manufacturing or dealing with the drugs and he was only assigned the work of operating machine used for packaging the medicine.
8. Per contra, the learned Deputy Advocate General has opposed the application on the ground that the petitioner is involved in the offence of manufacture of spurious drugs and keeping in view the nature and gravity of the offence, this is not a fit case to enlarge the petitioner on bail. He further contended that the present bail application filed by the petitioner is the successive one, which is liable to be dismissed ::: Downloaded on - 30/08/2024 20:37:09 :::CIS 7 ( 2024:HHC:7620 ) as there is no change in circumstances after the dismissal of the earlier bail applications.
9. I have heard learned counsel for the petitioner as .
well as learned Deputy Advocate General for the State and also carefully gone through the material available on record.
10. Pertinently, the present is the successive bail application filed by the petitioner. Earlier, he had preferred a bail application being Cr.MP(M) No.601 of 2023 before this Court, seeking regular bail, which came to be dismissed vide order dated 22.12.2023, as this Court was of the opinion that that the petitioner was knowingly involved in the manufacture and transportation of spurious drugs in connivance with other accused, knowing pretty well that the drugs were spurious and has thus jeopardized the life of the innocent persons and therefore, the case would fall under the category of "heinous crime" affecting the life of innocent citizens.
11. It is a well settled principle of law that when the successive bail application comes before the Court, the Court would be very conscious while considering the same. As held by the Hon'ble Apex Court in State of Maharashtra Vs. Captain Buddhikota Subha Rao, AIR 1989 SC 2292, that ::: Downloaded on - 30/08/2024 20:37:09 :::CIS 8 ( 2024:HHC:7620 ) successive bail application can be entertained by the Court when substantial change is established by the accused, which would entitle him for getting bail in successive bail application.
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The Court should not pass the order of releasing him on bail in successive bail application merely establishing some cosmetic change between time gap of two applications. There should be drastic change during the period between two applications, which would entitle the accused for bail.
12. This Court, confronted Ms. Meera Devi, learned counsel for the petitioner, to point out the change in circumstances after the dismissal of the earlier bail application.
The only argument which the learned counsel for the petitioner has advanced is that the petitioner was only working as a labourer and was doing the work of packaging the drugs and he was not a qualified person in the field of manufacturing the drugs coupled with the fact that he is in custody since 22.11.2022 and the trial in the case is not likely to be concluded in near future. However, it was observed by this court in its order passed in earlier bail application that the petitioner was prima facie stated to be doing the work of packaging the drugs and according to Part IB of Schedule M of ::: Downloaded on - 30/08/2024 20:37:09 :::CIS 9 ( 2024:HHC:7620 ) the Drugs Rules, 1945, packaging of the medicines is also one of the specific requirements to be followed in the manufacture of oral solid dosage forms (Tablets and Capsules). Section 27 .
of the DAC Act provides that the persons found guilty for the manufacture, sale etc. of the adulterated and spurious drugs shall be liable to be punished with imprisonment for a term which shall not be less than ten years and which may extend to a term of life with fine which shall not be less than rupees ten lakh or three times value of the drugs confiscated, whichever is more. Therefore, keeping in view the seriousness of offence, merely because there is a delay in trial, is not a ground for grant of bail. Hence, keeping in view the nature and gravity of the offence, this is not a fit case to enlarge the petitioner on bail. The petitioner has failed to point out any change in circumstances which would entitle him for getting bail in the instant application
13. In view of the facts and circumstances of the present case, this Court is of the view that after the dismissal of the regular bail application, there is no change in the circumstances which would entitle the petitioner to file the present application. Therefore, in absence of any changed ::: Downloaded on - 30/08/2024 20:37:09 :::CIS 10 ( 2024:HHC:7620 ) circumstances, the present successive application for bail cannot be entertained. The application is hereby dismissed.
14. Be it stated that any expression of opinion given in .
this order does not mean an expression of opinion on the merits of the case and the trial Court will not be influenced by any observations made therein.
(Sushil Kukreja)
Judge
August 30, 2024
(subhash) r
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