RAJESH KUMAR GUPTA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present application under Sec. 482 Cr.P.C. has been preferred by the applicant, seeking quashing of entire proceedings of S.S.T. No. 26 of 2004, arising out of Case Crime No. 303 of 2004, registered under Ss. 224& 420 of the Indian Penal Code, and Sec. 8 read with Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Sec. 4 read with Sec. 7 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, (for short'Drugs and Magic Remedies Act'), registered at Police Station Rishikesh, District Dehradun.

(2.) Facts, giving rise to the present application, are that, on 3/8/2004, the premises of Neeraj Clinic Private Limited, of which the applicant is Director, was raided by the police team. During the course of raid, a large quantity of restricted psychotropic substances was recovered from the clinic. As a consequence, thereof, an F.I.R. was lodged at Police Station Rishikesh, being Case Crime No. 303 of 2004, under Ss. 8/22 of the N.D.P.S. Act and Ss. 147, 323, 504, 506, 353, 332, 224, 427, and 420 of the I.P.C. and Sec. 7 of the Criminal Law Amendment Act.

(3.) According to the applicant, apart from him, several other co-accused persons, including registered medical practitioners holding degrees such as M.B.B.S. and B.A.M.S., were shown to be involved in the commission of the alleged offences; that, the aforesaid medical practitioners were purportedly engaged at the applicant's clinic; that, the applicant was arrested on 13/8/2004 and, after conclusion of investigation, Chargesheet No. 282 of 2004 was submitted on 8/12/2004 against 15 accused persons, including the applicant. The bail application of the applicant was initially rejected by learned Special Judge (NDPS), Dehradun. Subsequently, charges were framed against the applicant on 30/7/2005 under Ss. 8/22 of the N.D.P.S. Act, Ss. 224 and 420 I.P.C., and Ss. 4/7 of the Drugs and Magic Remedies (Objectionable Advertisements) Act.