SRIDHAR PUNACHITHAYA K. Vs. THE INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE, BANGALORE ZONAL UNIT, BANGALORE

JUDGEMENT

(1.) The petitioner is A2 in CIS Cr. No. 254 of 2016 on the file of the XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, registered in F. No. DRI/BZU/S-IV/INT-09/2016 in a complaint lodged by the Investigating Officer, Directorate of Revenue Intelligence, Bangalore Zonal Unit, Banaswadi, Bangalore.

(2.) The brief factual aspects that emanate from, the records are that:

(3.) It is also alleged that in the similar Pharmaceutical Intermediate Manufacturing Company by name M/s. Hexagon Bio Pharma Private Limited, situated at KIADB Industrial Area, Doddaballapura was also raided and searched on the same day between 11.00 a.m. to 3.00 p.m., and in the said Research and Development Laboratory Unit, they found a black coloured plastic cover containing half-white coloured powder substance and on testing, it had answered positive for Ketamine which was weighed and found to be 13.800 kgs. and the same was seized after drawing 20 grams of 3 sets as samples under a mahazar. It is not in dispute that the petitioner is an M.Sc., Post-graduate in Chemistry. He had worked as a 'Chemist' in many medicinal production factories including M/s. Smithcline Beachem Pharmaceuticals, M/s. Syngene and M/s. Biocon of Kiran Majumdar and he has got sufficient technical knowledge and in fact he wanted to establish his own company and Government has sanctioned land and loan to him to start a Pharmaceutical Intermediate products and with the help of other Directors, he has started M/s. Hexagon Bio-Pharma Private Limited, which indulged in manufacturing of medicines and also medicinal intermediate products. In this context, it is alleged that the article found in his Company which is shown to be 'Ketamine Hydrochloride' which is kept for the purpose of delivering the same to another company which indulged in manufacturing medicines. It is further contended by the learned Counsel that the said Ketamine Hydrochloride is neither a drug nor a medicine which is prohibited under the Narcotic Drugs and Psychotropic Substances Act, 1985 nor it is a substance which is declared as a contraband article under the NDPS Act. The said Ketamine Hydrochloride is not covered under any of the schedules or rules. But it is only comes under Schedule X to the Drugs and Cosmetics Act, 1940 and when it is not covered under any of the Schedule to the Rules, it cannot be said that it comes under a Narcotic Drug or Psychotropic Substance.