PAWAN ARORA Vs. STATE

JUDGEMENT

(1.) By this petition the petitioner seeks regular bail in FIR No.78/2020 under Sec. 22/25/29 NDPS Act and sec. 62 Drugs and Cosmetics Act registered at PS Crime Branch. The petitioner has been in custody since 4/8/2020 and charges have already been framed by the Ld. Trial Court.

(2.) As per the case of the prosecution on the basis of a secret information, a raid was conducted in the jhuggis of Kamla Nehru Camp, Kirti Nagar, New Delhi on the intervening night of 17th and 18/6/2020 by the Narcotic Cell, Crime Branch. At the instance of one Sharvan Kumar, a huge consignment of psychotropic substance Tramadol, Nitrazepam based tablets and Codeine based syrups were recovered from the godown. During enquiry, Sharvan Kumar revealed that the medicines of the godown belonged to the petitioner and his manager Chander Shekhar. Accordingly, the FIR was registered and the caretaker of the godown Sharvan Kumar was arrested. As per his disclosure, the petitioner and his manager had their office at A-69, DSIDC, Packaging Complex, Second Floor, Kirti Nagar, New Delhi and they had taken the empty room in his jhuggi for using it as a godown for storing medicines on a monthly rent of Rs.7,500.00 and also engaged his carrier vehicle for bringing medicines from other suppliers and to transport them to customers. The petitioner was arrested from Haridwar on 5/8/2020 and Chander Shekhar was also arrested on 7/8/2020. Further investigation revealed that the licence to sell, possess and deal in wholesale medicines at Kirti Nagar address was in the name of Chander Shekhar who was proprietor of M/s Rudra Thakur Enterprises.

(3.) Learned counsel for the petitioner contended that the secret information, on the basis of which raid was conducted has resulted from disclosure of Sharvan Kumar who has stated that he was carrying a valid consignment of cough syrup to be delivered at Patna. This is evident from the FIR itself. Further, on enquiry from Sharvan Kumar, he had stated that he had let out his jhuggi on rent to petitioner and Chander Shekher for keeping stocks of medicines. The petitioner had not been charged under sec. 25 NDPS Act and therefore, could not be considered as an owner or occupier of the said premises. Most importantly, the learned counsel for the petitioner stressed that the charge sheet records that the prosecution has verified licence No.DL-MTN-130647 which is in the name of M/s. Rudra Thakur Enterprises issued by the Dy. Director Control Department, Karkardooma, Delhi. The charge sheet further records that during investigation, SI Ashok Kumar had verified the bills and invoices from the stockists (wholesalers, suppliers etc) who had supplied said substances and bills and invoices were found to be correct. All licences, permits, authorisations, stock ledgers were with the prosecution and duly appended with the charge sheet. This, according to the petitioner, evidences lawful possession of said substances by the petitioner. It was stated that these substances do not fall within Schedule I of the NDPS Act hence compliance to Chapter VII A of the NDPS Rules 1985 is not required. Instead they fall under Schedule H-1 of the Drugs and Cosmetics Act. The Schedule H-1 has been issued under Rule 65 and 97 of the Drugs and Cosmetics Rules, 1945 and the said substances which have been recovered and have been attributed to the petitioner, fall under Sr.No.20 (Codeine), No.36 (Nitrazapam) and No.45 (Tramadol). Rule 65 provides the conditions for license whereas Rule 64 provides for Form 20B and 21B that entitles the licensee to stock the goods. Rule 65 (h) prescribes that supply of drugs specified in Schedule H1 shall be recorded in a separate register.