CHINTALAPATI H. JAGANNADHA RAJU Vs. I.O., DIRECTORATE

JUDGEMENT

(1.) That on receipt of a credible information by the Senior Intelligence Officer of Directorate of Revenue Intelligence (hereinafter referred to as 'the DRI' for short), Bengaluru on 06.04.2016, at about 8.00 a.m., visited the company by name M/s. RACS Pharmachem (I) Pvt. Ltd., situated at Plot No. 11, IP-13, Part-2, KIADB Industrial area, 1st Phase, Kudumalakunte Village, Gauribidanur, Chikkaballapur District, Karnataka and caused search in the Research and Development Department and also the car of the petitioner as well as the residence of the petitioner and found half-white power purported to be Alprazolam alleged to be a Psychotropic Substance totally to an extent of 81 kgs. Further, it is alleged that the petitioner has stored the said substance without licence or permission from the competent authority and the said Alprazolam can also be used for medicinal purpose and for some other purpose. Therefore, the possession of the said NDPS is an offence.

(2.) Learned counsel for the petitioner strenuously submitted that the petitioner is a person who manufactures or prepares the said substance as a drug for the purpose of manufacturing medicinal drugs and he never used the same for any other purpose at any point of time. It is also not alleged anywhere in the police papers that he used at any point of time the said NDPS not as a drug as a medicine and for some other purpose.

(3.) Per contra, learned counsel for respondent Sri Jeevan J. Neeralgi strenuously submitted that it is too premature stage to come to the conclusion that he only stored the NDPS for the purpose of medicinal aspect and not for any other purpose.