S NAGARAJ Vs. STATE

JUDGEMENT

(1.) THE petitioner, who is the Managing Partner in M/s. Raj Biotech pharma, Hyderabad, and was issued summons under Section 67 of the narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the ndps Act') apprehending arrest at any time by the Intelligence Officer, narcotics Control Bureau, South Zonal Unit, C-3a, II Floor, Rajaji bhavan, Besant Nagar, Chennaiah, filed this petition seeking anticipatory bail.

(2.) THE facts are that the petitioner is the licenced manufacturer of drugs and carrying on a pharmaceuticals business in the name and style of M/s. Raj Biotech Pharma, at Uppal, Hyderabad. Basing on the seizure of a stock 67. 160 Kgs of Ephedrine on 9-12-2004 from the godown of Andhra Pradesh Express Services Private Limited, Kalba devi Road, Mumbai, and also basing on the statement of one K. V. Satyanarayana, who booked the said consignment at the instance of one Hitesh Dhirajlal Mojoria of Secunderabad on 8-2-2005 from the petitioner, the officers of Narcotics Control Bureau visited the petitioner's premises on 10-2-2005. Though the officers could not find any illegality insofar as his business is concerned, they found the records relating to statutory returns from 1-4-2004 alone, but they could not find the records prior to 1-4-2004. As the said non-submission of statutory returns amounts to violation, the said authorities were constrained to issue the said summons under Section 67 of the NDPS Act directing the petitioner to appear before the intelligence Officer for giving evidence and/ or producing documents in respect of an enquiry being made by him in connection with the alleged trafficking and seizure of about 67. 160 Kgs of Ephedrine by mumbai, NOB, on 9-12-2004.

(3.) I noticed that the Central Government Standing Counsel has filed a counter stating that the said summons were issued to ascertain the truth and, therefore, it cannot be said that at the instance of the summons, the petitioner may be arrested. It is further stated in the said counter that according to Section 37 of the Act, unless and until the Court is satisfied that there are reasonable grounds for believing that he is not guilty of any offence mentioned under Section 37 of the act, he shall not be released on bail.