ARVIND KUMAR Vs. STATE

JUDGEMENT

(1.) The applicant Arvind Kumar seeks the grant of bail in terms of Section 439 of the Cr.P.C., 1973 in Sessions Case No.374/2018 in relation to the alleged commission of the offences punishable under Sections 8, 21, 22 and 29 of the NDPS Act, 1985 with it having been alleged that for the entire quantity of seized narcotics and psychotropic substances, Harish Chander, proprietor of M/s Shiv Medicos and the present applicant, proprietor of M/s City Enterprises had not followed the mandated provisions of Rule 65 of the Drugs and Cosmetics Rules, 1945.

(2.) Notice of the petition was issued to the Central Bureau of Narcotics i.e. the respondent and both the applicant and the respondent have addressedtheir submissions qua the prayer made by the petitioner. Reply to the petition has been filed by the respondent. Written submissions on behalf of either side have also been submitted, perused and considered.

(3.) The allegations that have been made in the Sessions Case No.374/2018 filed by the respondent are to the effect that an information had been received that a person named Harish Chander proprietor of M/s Shiv Medicos (the co-accused presently in judicial custody) at 1706/8, First Floor, Milap Bhawan, Bhagirath Palace, Delhi-06 was selling narcotics and psychotropic medicines illegally at his shop and on search of his shop being conducted, the narcotics and psychotropic medicines were recovered in a huge quantity as detailed in the complaint.