YASHPAL SINHMAR Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) Vide the instant petition under Sec. 439 Cr.P.C, the petitioner seeks bail in NCB Case No. VIII/48/DZU/2021 dtd. 23/8/2021 registered under Ss. 8, 22(c) and 23 NDPS Act.

(2.) Brief Facts leading up the present case are given as follows-

(3.) Vide order dtd. 11/11/2021, the bail application of the Petitioner was dismissed by the Ld. ASJ Saket by stating that the Petitioner was selling and exporting medicines without a proper authorization under the NDPS Rules 1985, and the seized medicines formed a commercial quantity, which was an offence under Sec. 8, Sec. 22(3) and 23 of the NDPS Act. The Trial Court found that there is a recovery of 750 tablets of tramadol weighing 350 gm. which is a commercial quantity and the tablets were booked on the ID of the petitioner herein. It also found that during search of the shop, 300 tablets of tramadol weighing 130 gm and 375 tablets of clonazepam weighing 50.5 gm were also recovered for which the petitioner was not able to prove any valid bill or purchase bill. Further, it was held that there were some transactions made by the Petitioner were not recorded in the bank account statements or reflected in his Income Tax Returns submitted to the respondent and there were properties purchased by him which could not be substantiated by his income, and that investigation was still ongoing. Therefore, application for bail of the Petitioner was rejected.