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BAIL APPLN. 3185/2022
Signature Not Verified Page 2 of 25
Digitally Signed
By:ANITA BAITAL
Signing Date:28.03.2023
18:38:02
Neutral Citation Number:- 2023:DHC:2180
iii. Upon a search of the Elantra car bearing registration number DL 7C P
0927, 156 boxes of Spasmo Proxyvon Plus capsule were recovered.
From the search of Red colour Tata Indica car bearing registration
number UP 14 BR 2362,112 boxes of Spasmo Proxyvon Plus capsule
were recovered. From the personal search of Nagesh Sharma, one white
coloured parcel containing 56 boxes of Spasmo Proxyvon Plus capsule
was recovered. Each of these boxes contained 18 strips of 8 capsules
each. Each of these were hard gelatin capsules containing Dicyclomine
Hydrochloride I.P. 10 mg, Tramadol Hydrochloride I.P. 50 mg and
Acelaminophen 325 mg.
iv. Out of the materials recovered, samples were drawn and seized and the
present FIR was registered.
v. During investigation, the accused persons were interrogated and they
admitted to their involvement in the alleged offences. It was also
revealed that a part of the recovered Spasmo Proxyvon Plus capsules
were procured by them through black marketing channels and part of it
was manufactured by them at a factory, set up in Ghaziabad.
vi. During investigation, it was discovered that Sunil Sharma was the
mastermind behind the entire racket that dealt in illegal drugs. He
financed the illegal drug business. Sunil Sharma was also involved in
illegally supplying Buprenorphone injections to his contacts in various
states. Based on his disclosure, 1.68 lakh ampoules of Buprenorphine
injection were recovered from two courier companies - Madhur
Courier and Om Logistic.
vii. Sunil Sharma disclosed that his associate and proprietor of M/s Banti
Pharma - Vineet Garg had booked a consignment of 9000 ampoules of
Neutral Citation Number:- 2023:DHC:2180
Buprenorphine injections to their contacts in Bikramganj, Bihar.
Accordingly, on 03.09.2018, the said consignment was intercepted and
a representative of Madhur Courier presented 6 parcels of
Buprenorphine injections containing 18,000 ampoules, out of which
3,000 were without any label. On enquiry, the said representative stated
that the consignment was booked by one M/s Banti Pharma and was
bound to M/s Deep Kumar Medical Agency in Bikramganj, Bihar.
viii. It was further revealed that Vineet Garg had booked another large
consignment of Buprenorphine injections to Ideal Cheminal Works Ltd,
Kanpur through Om Logistics. Accordingly, on 10.09.2018, the said
consignment was intercepted and a representative of Om Logistiocs
presented 75 parcels containing 1.5 Lakh ampoules of Buprenorphine
injections, out of which 8,000 were found to be without any label.
ix. During investigation, it was discovered that the accused persons used to
send the drugs through courier/railway parcels, in the names of
different medicine shops in different cities, chosen at random.
However, the consignees whose details were mentioned on these
parcels did not know the sender, i.e., the accused persons. The said
accused persons used to track the real time status of these parcels and
their contacts would take delivery directly from the godowns of the
courier company, after the parcel reached the destination city.
x. Sunil Sharma intended to send the recovered Spasmo Proxyvon Plus
capsules to his contact Shamim in Kolkata.
xiv. The present applicant disclosed that he was responsible for arranging
the machinery such as blister machine, filling/loader machine which
were used in preparation of the recovered capsules. He had knowledge
of operation of the said machines and arranged for labour to carry out
the manufacturing work at their factory. The applicant and Sunil
Sharma used to supply manufactured drugs like Spasmo Proxyvon Plus
capsules, Stemil MD, Pen-40, Pseudophedrine tablets etc. to their
contacts after preparing them in their factory. The applicant further
Neutral Citation Number:- 2023:DHC:2180
disclosed that he had once arranged 10 kg of Tramadol from one
Narayan Chaoudhary for the purpose of manufacturing of Spasmo
Proxyvon Plus capsules.