Punjab-Haryana High Court
Anil Vasudeva vs State Of Punjab on 3 December, 2013
Author: Ritu Bahri
Bench: Ritu Bahri
Crl. Misc. No. M-40107 of 2013 (O&M) - 1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Crl. Misc. No. M-40107 of 2013 (O&M)
Date of decision : 03.12.2013
Anil Vasudeva ....Petitioner
versus
State of Punjab ...Respondent
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr. Vikram Chaudhari, Advocate,
for the petitioner
Mr. Daljeet Singh Virk, AAG, Punjab
****
RITU BAHRI , J. (Oral)
Crl. Misc. No. 49152 of 2013 Application is allowed as prayed for. Accordingly, Anil Vasudeva son of Shri Ram Kishan resident of House No. 278, Moti Nagar, P.S. City Karnal, Distt. Karnal be read as "Anil Vasudeva son of Ram Gopal Vasudeva resident of House No. 122, Ground Floor, State Bank colony, P.S. Model Town, Delhi (North)"
Office is directed to carry out the necessary correction, as sought by the applicant.
Crl. Misc. No. M-40107 of 2013 This petition under Section 439 Cr.P.C is for grant of regular bail to the petitioner in case F.I.R No. 173 dated Arora Gaurav 2014.01.08 14:24 I attest to the accuracy and integrity of this document Crl. Misc. No. M-40107 of 2013 (O&M) - 2- 18.09.2013 u/ss 22/61/85 NDPS Act, registered at Police Station Shambhu, Distt. Paiala.
The petitioner is the sole proprietor of M/s Anil Enterprises, which has been duly licenced by the Licensing Authority viz Durgs Control Department, Delhi wherein, it has been licenced to sell, stock or exhibit or offer for sale or distribute by wholesale drugs under various schedules/forms prescribed under the Drugs and Cosmetics Act, 1940 (for short 'the Act'). Vide notification dated 23.05.2013, the Ministry of Health and Family Welfare in exercise of its power under Section 26A of the Act suspended the manufacture for sale, sale and distribution etc of Dextropropoxyphene and formulations containing the said substance for human use (P-4). On account of an error in describing Dextropropoxyphene as Dextyropropoxyphene, a fresh notification was issued as corrigendum on 30.08.2013 (P-5). Thereafter, the petitioner-firm received the consignments of Spasmo Proxyvon containing Dextropropoxyphene till 31.05.2013. The petitioner firm sold the said product Spasmo Proxyvon to distributors till 11.06.2013 (P-7). Vide communication dated 10.06.2013 (P-8) (received by petitioner's firm on 12.06.2013) M/s Wockhardt informed the product Spasmo Arora Gaurav 2014.01.08 14:24 I attest to the accuracy and integrity of this document Crl. Misc. No. M-40107 of 2013 (O&M) - 3- Proxyvon and Proxyvon manufactured by it containing Dextropropoxyphene are liable to be recalled in compliance with Government notification suspending manufacture/sale.
Learned counsel for the petitioner submits that in the present case, the alleged recovery had been effected on 02.10.2013 from the brother of Chemist based at Karnala. Learned counsel contends that the petitioner's firm never received any stock of Spasmo Proxyvon and or Proxyvon after 31.05.2013 and it never sold any stock of Spasmo Proxyvon and Proxyvon after 11.06.2013.
The recovery had not been effected from the petitioner after 11.06.2013 and further what steps the State Drug Controller had taken for imposing a ban of sales of drugs pursuant to notification dated 23.05.2013 (P-4) is to be investigated.
The petitioner is in custody since 13.10.2013. Nothing is to be recovered from the petitioner as the investigation is based on all documentary evidence and the Investigation Agency can take the documentary evidence from the petitioner. Therefore no useful purpose would be served by detaining him during the pendency of trial.
Heard.
Keeping in view the period of incarceration of the Arora Gaurav 2014.01.08 14:24 I attest to the accuracy and integrity of this document Crl. Misc. No. M-40107 of 2013 (O&M) - 4- petitioner and the fact that trial may still take some time to conclude, this court feels that there is no need to detain the petitioners any longer. Accordingly, the petition is allowed and petitioner is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Patiala.
03.12.2013 (RITU BAHRI) G.Arora JUDGE Arora Gaurav 2014.01.08 14:24 I attest to the accuracy and integrity of this document