GOVINDBHAI VALABHAI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these applications are filed by the accused praying for regular bail, post submission of charge-sheet, under Sec. 439 of Code of Criminal Procedure, 1973 in connection with offence registered with DCB Police Station, Ahmedabad City at C.R. No.1119101220180 of 2022 for the alleged offences punishable under Ss. 8(c), 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act ').

(2.) Both the accused came to be arrested on 30/12/2022, pursuant to the FIR registered as they were found to be in possession of 120 and 119 bottles of cough syrup, which is said to have been manufactured by C.B. Healthcare containing stickers on the bottles of Code ine Phosphate & Chlorpheniramine Maleate Syrup marketed by WEXCARE HEALTHCARE, on the charges that they possessed manufactured drugs, which is punishable under 'the NDPS Act '. Both the accused were asked about the licence, if any, for possession thereof, which was replied in negative. After drawing the sample from bottles of cough syrup, sample as also the remaining stock were sealed and seized. It is the case of the prosecution that the accused - Govind Valabhai Prajapati used to obtain the stock of cough syrup bottles from one Medical Shop at Gota, without bills and used to sell it for his own financial benefits to accused - Shivrajsinh Uttamsinh Rajput, without any licence or even bills. It is further the case of the prosecution that the accused - Shivrajsinh Uttamsinh Rajput used to sell it of in the market.

(3.) Heard Mr. A.S. Timbalia, learned advocate for the accused - Govind Valabhai Prajapati and Mr. Jayesh Dave, learned advocate for Ms Urmila Desai, learned advocate for the applicant - accused - Shivrajsinh Uttamsinh Rajput.