RAJESH KUMAR GUPTA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Brief facts of the case are that accused/applicant-Dr. R.K. Gupta, is Director of Neeraj Clinic, Rishikesh. In said clinic, it is alleged that in the name of treatment of epilepsy, banned drugs under Narcotic Drugs and Psychotropic Substances Act, 1985, were being stored and sold. On raid in said clinic, huge amount of such drugs were alleged to have been found. The banned drugs included chlordiazepoxide and Phenobarbital. These two drugs are mentioned in schedule of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity herein after N.D.P.S. Act). A crime No. 303 of 2004, appears to have been registered against the accused/applicant under section 8/22 of N.D.P.S. Act and under sections 147, 224, 323, 504, 506, 353, 420 and 427 of Indian Penal Code and section 7 of Criminal Law Amendment Act read with section 4 of Drugs Magic Remedies (Objectionable Advertisement) Act. Accused/ applicant appears to have been arrested in connection with the aforesaid crime on 3/4 October, 2004.

(3.) The first bail application (No. 768 of 2004) moved before this Court was rejected by another Bench of this Court on 13.10.2004, on the ground that the clinic was not exempted uuder Rule 67 (2) of N.D.P.S. Rules. In that round of litigation, as mentioned in the affidavit accompanying this bail application, S.L.P. (Criminal) No. 1 of 2005 was moved by the accused before the Supreme Court, which was disposed of with following order:-