ANUPAM SHUKLA Vs. UNION OF INDIA

JUDGEMENT

(1.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being F.No. NCB/AZU/CR-01/2022 in NDPS Case No.32 of 2022 punishable under Sec. 8(c), 21(c), 27(A) read with Sec. 29 and 35 of the NDPS Act.

(2.) Learned advocate Mr. Jha for the applicant submitted that the applicant has the licence for trading in medicines. Upon the statement of co-accused, the NCB raided the residential premise of the applicant and allegedly found seven bottles of cough syrups containing Codeine. He contended that even if it is believed that the syrup contained codeine, the same is of intermediate quantity. He submitted that two other co-accused have been enlarged on bail by this Court. Investigation is over and charge-sheet is also filed. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

(3.) Learned APP assisted by learned advocate Mr. Kartik Pandya for the original complainant strongly objected to this application and submitted that the offence alleged against the applicant is serious in nature. The applicant is a resident of the State of Uttarakhand and if released on bail, there is every possibility that he would not be available for trial. Learned counsel Mr. Pandya also took the Court through the reply filed by the NCB opposing this application and it was, accordingly, urged that no discretion may be exercised in favour of the applicant.