SUPERINTENDENT OF CUSTOMS Vs. L.ABUTHAHIR

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking to cancel the bail granted to the respondent by the learned Additional District and Sessions Judge (Special Court for E.C. and NDPS Act cases), Pudukottai, in Cr.M.P.No.1882 of 2016, dated 05.08.2016.

(2.) The case of the prosecution is that on 26.04.2016, the Officers of Central Intelligence Unit, Head Quarters Office, Trichy, visited M/s.Shri Renganathan Speed Parcel Service, No.8, Nirmala Building, Fort Station Road, Trichy ? 2 and found one parcel said to have contained ?Zolfresh? Tablets having Zolpidem substance. The parcel was transported to one Abu, booked by Mohamed Syed Mustafa/A1, who was working as Medical Representative of M/s.Abbott India Ltd., Mumbai. In the presence of Mohamed Syed Mustafa, the parcel was opened and it was found that 13 boxes of Zolfresh 10 x 10 x 10 Tablets serially numbered from 353 to 359 and 362 to 367 along with Invoice No.77573, dated 23.04.2016 of M/s.P.L.A. Kanagu Pharma, 10 -C, Alexandria Road, Cantonment, Trichy, issued in the name of M/s.Athma Mind Centre, 10th Cross East (Dr.Ramakrishnan), Trichy ? 620 018. The said Mohamed Syed Mustafa admitted that he produced Order Form from M/s.Athma Mind Centre, Trichy, to obtain the said Tablets and sent the same to L.Abuthahir, the respondent herein. Mohamed Syed Mustafa confessed that he has been working as Medical Representative for the past six months and previously, one Sureshkumar, who was employed with M/s.Abbott India Limited, Mumbai, in Trichy, used to supply Zolfresh Tablets to Abu of Chennai. He used to procure the Tablets by placing orders in the name of M/s.Athma Mind Centre, Trichy, and supplied the same to Abu. The said Sureshkumar gave mobile number of Mohamed Syed Mustafa to Abu, who placed order for 13000 numbers of Zolfresh Tablets. The said Mohamed Syed Mustafa procured the Tablets from M/s.P.L.A. Kanagu Pharma, Trichy and after receiving money from Abu, he dispatched the same to him. Mohamed Syed Mustafa/A1 was arrested on 27.04.2016 and produced before the learned Judicial Magistrate No.I, Trichy and remanded to judicial custody.

(3.) L.Abuthahir, the respondent herein, who was a receiver of the parcel in Chennai was intercepted by the Officers of Customs, when he came to receive the parcel from Shri Renganathan Speed Parcel Service at Chennai. The respondent gave voluntary statement that he has procured the Tablets at the instruction of one Jamaludeen of Ramanathapuram and he is at present residing in Dubai and he gave his mobile number. He has also confessed that as per the instructions of Jamaludeen, he used to hand over Zolfresh Tablets to Ravi or Raja, who would call him over phone and take delivery of the Tablets from Abuthathir, the respondent herein. The respondent used to receive Rs.2,000/ - to Rs.5,000/ - for this work. He has also confessed that Sureshkumar asked him to contact Mohamed Syed Mustafa and he knew that the drugs are to be sold under the prescription of a Doctor, a registered Medical Practitioner and can be transported with proper documents only. He was informed that the Tablets were smuggled from India to Malaysia and admitted the offence. He was arrested on 29.04.2016 and remanded to judicial custody. In the investigation, it was revealed that previously Sureshkumar, the then Medical Representative of Abbott India Limited, purchased three consignments of Zolfresh Tablets (1550 strips) in the name of M/s.R.K.R.Pharma, Trichy. He had also purchased Zolfresh Tablets (2090 strips) in the name of M/s.Athma Mind Care Centre and made payments in cash and sent the same to Abuthathir.