Himachal Pradesh High Court
Haryana vs State Of Himachal Pradesh on 30 September, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 30th DAY OF SEPTEMBER, 2022
BEFORE
.
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
CRIMINAL MISC. PETITION (MAIN) No.1848 OF 2022
Between
TARUN BATRA, AGED 48 YEARS
S/O LATE SHRI DINANATH BATRA
R/O HOUSE NO.15-F, JAI CITY
JAGADHARI, DISTRICT YAMUNANAGAR
HARYANA
.....PETITIONER
(BY SHRI AJAY KOCHHAR, ADVOCATE)
AND
STATE OF HIMACHAL PRADESH
....RESPONDENT
(BY SHRI HEMANT VAID, ADDITIONAL ADVOCATE
GENERAL)
Whether approved for reporting?
This petition coming on for pronouncement this day, the
Court passed the following:
ORDER
Petitioner, invoking Section 438 of the Code of Criminal Procedure (for short 'Cr.P.C.'), has approached this Court for grant of bail in case FIR No.66 of 2021, dated 30.5.2021, registered, under Section 22 read with Section 8 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'), and Sections 420, 468, 471, 120B of the ::: Downloaded on - 01/10/2022 20:02:06 :::CIS Cr.MP(M) No.1848 of 2022 ...2...
Indian Penal Code (for short 'IPC'), in Police Station Paonta Sahib, District Sirmour, Himachal Pradesh.
2. Status Report has been filed. Main Challan has .
been presented in the Court on 18.2.2022 and investigation against other accused is in progress and supplementary Challan against them would be filed in Court on completion of investigation by the Investigating Agency. Record was also made available.
3. Prosecution case is that on 18.5.2021, Punjab Police from Police Station Mattewal, District Amritsar (Punjab), seized huge quantity of prohibited Tramadol Tablets manufactured by Unique Formulations Company, situated in Paonta Sahib, resulting into registration of FIR No.51 of 2021, dated 18.5.2021, under Sections 22 and 29 of the NDPS Act, in Police Station Mattewal. For further investigation, Punjab Police, on 27.5.2021, approached Himachal Police in Police Station Paonta Sahib and in pursuance thereto, for maintaining law and order, Himachal Police officials were deputed with Punjab Police, as recorded in Rapat Nos.29, 51, 54 & 57, dated 27.5.2021 in Police Station Paonta Sahib. Punjab Police returned after completing the investigation on their part.
4. It is further case of prosecution that on 29.5.2021, Incharge of Police Station received a reliable information from trustworthy informer that Unique Formulations manufactures ::: Downloaded on - 01/10/2022 20:02:06 :::CIS Cr.MP(M) No.1848 of 2022 ...3...
drugs related to prohibited salt Tramadol, and in documents, though only co-accused Mohnish Mohan is the owner but there are other persons behind it, who are financing the company .
and marketing its product and this company, under conspiracy, on the wrappers of drug related to Tramadol has printed as 'Marketed by PB Pharmaceuticals', Raj Tower, Third Floor, Hauz Khas, New Delhi, but no such Marketing Company is in existence. On receiving this information, Incharge of Police Station, on 29.5.2021 to verify the fact sent an e-mail to Incharge Police Station Hauz Khas, New Delhi, wherefrom, on 30.5.2021, it was informed that no such Company was found at the address given. On the basis of information supplied by informer, preliminary inquiry and report received from Police Station Hauz Khas, it appeared that the owners of Unique Formulations had printed name and address of non-existing 'PB Pharmaceuticals' Marketing Company with intention to supply drug related to Tramadol through illegal Company, shops and persons etc. in illegal manner, and violation of Notification dated 11.2.2020, enforceable w.e.f. 1.3.2021 was also found and, therefore, FIR No.66 of 2021, under Section 22 read with Section 8 of the NDPS Act and Sections 420, 468, 471, 120B IPC, was registered in Police Station Paonta Sahib against the owner/owners of Unique Formulations.
5. After registration of FIR, premises of Unique Formulations were raided, wherefrom 1050 Tablets of ::: Downloaded on - 01/10/2022 20:02:06 :::CIS Cr.MP(M) No.1848 of 2022 ...4...
Tramadol Hydrochloride, kept in three boxes, were taken in possession. Thereafter, 30 Drums (containers) of Tramadol Raw Material, which were seized by Drug Inspector Paonta .
Sahib on 27.5.2021, the day of raid by Punjab Police, were also produced before the Police Inspector conducting the investigation. 29 Drums were found sealed whereas one was open. One sealed Drum was opened and checked wherein in two poly bags white coloured substance was found which was identified by Drug Inspector as Tramadol Raw Material. Total weight of the material was found to be 745.36 kg and gross weight alongwith Drums was 851.170 kg and Drums alongwith Raw Material were taken in possession and seized.
6. On search of the factory, from one room 3500 Secondary Packaging Cartons containing print "PB Pharmaceuticals Raj Tower 3rd Floor Hauzkhas New Delhi"
were also recovered and seized. Two rolls of Primary Packaging material of PB Pharmaceuticals and three rolls of Primary Packaging material of Gajanand Pharma Bandra (E) Mumbai were also recovered and seized.
7. In response to written application dated 3.6.2021, submitted to Drug Control Department, F-17 Karkarduma, New Delhi, a written report was received, stating that no Company named as "PB Pharmaceuticals" with given address is in existence and the given address is incorrect. ::: Downloaded on - 01/10/2022 20:02:06 :::CIS Cr.MP(M) No.1848 of 2022
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8. Recovered Tablets of Clocidol, containing Tramadol Hydrochloride, and Tramadol Raw Material were found samples of Tramadol Hydrochloride Tablets and .
samples of Tramadol Hydrochloride Powder, respectively.
9. During investigation, co-accused Mohnish Mohan and Ranu Bhargav were taken in custody from the Punjab Police, as they were in custody of Punjab Police in case FIR No.51 of 2021 referred supra.
10. During investigation, it came in knowledge of Investigating Officer(s) that petitioner Tarun Batra had also been claiming himself to be owner of Unique Formulations, who was also owner of Apple Field Company wherefrom huge quantity of Tramadol Capsules was recovered in the past. It has transpired from investigation that Unique Formulations was having licence to manufacture 164 drugs but it was manufacturing, most of times, Tramadol related drugs, as because of huge demand of Tramadol related drugs only in the market, company and accused were being benefited.
11. During investigation, on the basis of information given by the arrested accused and in inquiry about the Bank Accounts of the company and personal account of the accused, huge transaction of amount by Mohnish Mohan with Chetan Parmar, Tarun Batra, Ajit Mittal Corporation, Kaushalya Devi, Tushar Chaudhary, Ritu Chaudhary, etc. was found. Lateron ::: Downloaded on - 01/10/2022 20:02:06 :::CIS Cr.MP(M) No.1848 of 2022 ...6...
Ranu Bhargav was enlarged on bail by Special Judge-1, Sirmaur at Nahan on 14.2.2022.
12. As per Status Report, petitioner Tarun Batra was .
summoned by the Police by sending Hukmnama, under Section 160 Cr.P.C., but he did not join the investigation and filed an application for anticipatory bail on 15.2.2022 before Special Judge, Sirmaur at Nahan, and during pendency of that application he was directed to join investigation on 20.2.2022 by issuing Hukmnama but he did not join the investigation and his phone was also found switched off and, on interrogation, his wife also did not supply any information about him and his counsel withdrew the anticipatory bail application and thereafter accused Tarun Batra went absconding.
13. As per details of accounts, petitioner Tarun Batra, through Apple Field International, between 6.12.2018 to 11.4.2019, had deposited `12,64,453/- in Account of Unique Formulations maintained in Punjab National Bank. It has come in notice that on 25.4.2019, during raid, in Apple Field Company, by CID, Local Police and Drugs Inspector, 26.18 kg Codeine Syrup and Tramadol Capsules were recovered and in this regard FIR No.54 of 2019 dated 26.4.2019 was registered in Police Station Majra, under Section 21 of the NDPS Act and Section 18C of Drugs & Cosmetics Act and Tarun Batra, alongwith co-accused Dinesh Kumar, Rajiv, Asif Sardana and Ekta Tiwari, is on bail and the case, after presentation of ::: Downloaded on - 01/10/2022 20:02:06 :::CIS Cr.MP(M) No.1848 of 2022 ...7...
Challan on 26.10.2019, is pending adjudication in the Court at Nahan.
14. As per Status Report, for recovery of Tablets, .
containing Tramadol Hydrochloride, and huge Raw Material for manufacturing such Tablets, it is apparent that accused were preferring to manufacture drugs related to Tramadol Hydrochloride and it indicates criminal conspiracy of the accused persons that their only motive was to manufacture narcotic drugs, which has resulted into drug addiction in the society, damaging the youth. It is further in the Status Report that on 27.5.2021 during raid by Punjab Police in the Company, Drugs Inspector had also inspected the premises and submitted complete report mentioning therein gross violation of terms and conditions of the licence.
15. Co-accused Ranu Bhargav was enlarged on bail by Special Judge, Sirmaur at Nahan, on 11.2.2022, whereas Mohnish Mohan was enlarged on bail by this Court vide order dated 8.8.2022, passed in Cr.MP(M) No.478 of 2022. Mohnish Mohan was also enlarged on default bail by Special Judge, Amritsar, in case FIR No.51 of 2021 on failure of Punjab Police to file Challan within 180 days.
16. Learned Additional Advocate General has submitted that petitioner was absconding, and has joined the investigation after obtaining anticipatory bail on 22.8.2022 from this Court.
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17. As per investigation, transactions of huge amount has been found from account of Unique Formulations to account of Ajit Mittal Corporation and also regarding deposit of .
huge amount in the account of Unique Formulations, during the period 9.4.2020 to 8.10.2020. 616 calls, between petitioner Tarun Batra and co-accused Mohnish Mohan, during 27.5.2021 to 31.5.2022, have been found in Call Detail Record.
18. As per Status Report, petitioner Tarun Batra has given explanation that he had borrowed money from Mohnish Mohan and had returned the same alongwith interest to him and all transactions as well as calls, referred supra, were in respect of borrowing and return of the amount by Tarun Batra, and further that he had already set up a factory by the name and style of Ajit Mittal Corporation for manufacturing medicines, and Mohnish Mohan had to set up such factory and, therefore, they were having talks regarding setting up of factory and purchasing of machinery for that purpose and further earlier also on 25.4.2019, during raid in the premises of Apple Field International, huge quantity of Codeine and Tramadol Capsules were recovered and FIR No.54 of 2019 was registered in Police Station Majra and in that case also name of petitioner Tarun Batra had emerged as an accused and challan in this regard has been presented in the Court on 18.2.2022.
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19. By placing on record documents related to partnership firm M/s Apple Field International, it has been contended that in the said firm Rajiv Kumar was partner but .
not the petitioner and on the basis of those documents petitioner was enlarged on bail in case FIR No.54 of 2019 by the High Court, vide order dated 2.9.2019, passed in Cr.MP(M) No.1450 of 2019 and further that the money transactions referred by the Investigating Agency took place during the time when Unique Formulations was not having licence to manufacture Narcotic and Psychotropic Substance and was manufacturing Sanitizer, which was in demand during period of Pandemic COVID-19 and the said money was used for purchase of ethyl alcohol, which is basic raw-material for manufacturing of Sanitizer, from Jagatjit Industries, Kapurthala (Punjab) and to substantiate the same, documents have also been placed on record as Annexure P-5.
20. It has been submitted on behalf of the petitioner that the petitioner is a resident of House No.15-F, Jai City, Jagadhari, District Yamunanagar, Haryana and he usually remains outside his place of residence in connection with his business, and that the petitioner came to know about one summons, under Section 160 Cr.P.C., received though his wife, but he could not attend the investigation as he was out of station during those days, and on coming back the petitioner contacted the Officer concerned and showed his ::: Downloaded on - 01/10/2022 20:02:06 :::CIS Cr.MP(M) No.1848 of 2022 ...10...
intention to join investigation as and when required to do so, but was told that he will be summoned as and when his presence will be required by the Investigating Agency and .
further that thereafter the petitioner had been visiting the Courts at Nahan and attending the proceedings in a case arising out of FIR No.54 of 2019, titled as State of H.P. v. Dinesh Kumar, pending in the Court of Additional Sessions Judge, Sirmour at Nahan and that the petitioner had attended Court on 28.9.2022, 3.12.2020, 18.3.2021, 23.2.2022 and 16.6.2022 and thereafter also. Copies of the order-sheets have also been annexed with the petition.
21. It has been contended on behalf of the petitioner that rigors of Section 37 of the NDPS Act will not be applicable in the present case as the Unique Formulations was an authorized Drug Manufacturer having Drug Licence and Ajit Mittal Corporation was also having a valid Drug Licence to deal in the sale of Sanitizer and other drugs. Copy of the Drug Licence has also been annexed with the petition as Annexure P-7.
22. It has further been submitted by the learned counsel for the petitioner that in case the petitioner is ordered to be released on bail, the petitioner undertakes to furnish personal bond and local surety, and also to abide by any conditions that may be imposed by the Court. ::: Downloaded on - 01/10/2022 20:02:06 :::CIS Cr.MP(M) No.1848 of 2022
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23. Without commenting upon merits of rival contentions of the parties, considering the material placed before me and also parameters and factors necessary to be .
considered at the time of adjudication of bail application, I am of the opinion that, at this stage, petitioner may be enlarged on bail.
24. Accordingly, the petition is allowed and the petitioner is ordered to be enlarged on bail, at this stage, subject to his furnishing personal bond in the sum of `3,00,000/- with one local surety, as undertaken by the petitioner, in the like amount to the satisfaction of the trial Court, and upon such further conditions as may be deemed fit and proper by the trial Court, including the conditions enumerated hereinafter, so as to ensure presence of petitioner/accused at the time of trial:
(i) That the petitioner shall make himself available to the police or any other Investigating Agency or Court in the present case as and when required, as per law;
(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to Court or to any police officer or tamper with the evidence.
He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;
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(iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected;
(v) that the petitioner shall not misuse his .
liberty in any manner;
(vi) that the petitioner shall not jump over the bail;
(vii) that the petitioner shall keep on informing about the change in address, landline number and/or mobile number, if any, for his availability to Police and/or during trial;
(viii) the petitioner shall not leave India without permission of the Court.
25. It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice. It shall be open for the trial Court to impose any other condition, as deemed necessary, upon the petitioner, independent of prayer of prosecution.
26. In case the petitioner violates any conditions imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law.
27. Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93-IV.7139 dated 18.03.2013. ::: Downloaded on - 01/10/2022 20:02:06 :::CIS Cr.MP(M) No.1848 of 2022
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28. Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application.
.
29. The parties are permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of the order, however, passing of order may be verified from the High Court website or otherwise.
Petition stands disposed of in the aforesaid terms.
( Vivek Singh Thakur )
September 30, 2022(sd) Judge.
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