ERUKALA YADAIAH GOUD Vs. UNION OF INDIA

JUDGEMENT

(1.) The Criminal Petition has been filed under Ss. 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity 'the Cr.P.C.')/ Ss. 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity 'the BNSS'), seeking to enlarge the petitioner/Accused No.3 on bail in Cr.No.48/1/6/2023/NCB/SUB-ZONE/HYD registered against the petitioner/Accused No.3 herein for the offences punishable under Ss. 8 (c) read with 22 (C), 27-A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity 'the NDPS Act').

(2.) The case of the prosecution is that on 5/6/2023, the Intelligence Officer of the Union of India's NCB received information regarding the manufacturing of a large quantity of Alprazolam in the production block of CPR Laboratories Pvt. Ltd. in Atchuthapuram APSEZ, Rambilli Mandal. Acting on this information, the Intelligence Officer, along with mediators, found A.1 to A.3 at the production block, where they were packing materials in drums. Subsequently, 119.5 kgs of light yellow powder, suspected to be Alprazolam, were seized from the drums, along with equipment, in the presence of the laboratory owner, under 'the NDPS Act'. A.1 to A.3 confessed to their involvement in the manufacturing, possession, and attempted transportation of the substance.

(3.) Sri A.V.Pardhasaradhi, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. It is further submitted that the accused No.1 has a background as a chemist and has held positions such as shift-in-charge and production manager in pharmaceutical companies. Accused No.2 holds a Ph.D in Chemistry and has worked as a senior scientist in various laboratories. Accused No.3, on the other hand, has been a petty worker, previously employed in a cement factory and seeds shop until 2020. The accused were arrested while working in a laboratory run by Accused No.4, and they have been detained in Central Jail, Visakhapatnam, since 7/6/2023. The learned Counsel for the Petitioner further submitted that in the instant case, Alprazolam is a prescription drug which figures at Entry No.15 in Schedule 'H' of the Drugs and Cosmetics Act, 1940 (for short, 'D & C Act'). Though it is a psychotropic substance as per Entry No.30 in the Schedule to 'the NDPS Act', it is not a psychotropic substance mentioned in Schedule I of the Rules appended to 'the NDPS Act'; when a psychotropic substance does not find mentioned in the Schedule I to the Rules, the prohibition concerning its possession contained in Rule 64 does not apply. Since the powder involved in the present case find mention in Schedule 'H' of the Drugs and Cosmetics Act, 1940 (for short 'the D and C Act'), the Alprazolam will be covered under 'the D & C Act' and not under 'the NDPS Act'. The Petitioner is a resident of Chamalonibavi, Vattikoda, Gurrampode, Nalgonda District. Telangana State.