VIDYACHARAN SHUKLA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision filed on behalf of applicant Vidyacharan Shukla, is directed against the order dated 22-12-2014 passed by Special Judge under Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred in the order as "the Act " ), Sidhi, in Special Case No.12/2014, whereby a charge under section 8 (b) read with section 21 (b) of the Act, was framed against applicant Vidya Charan Shukla and two other co-accused persons Shiv Kumar Gupta and Ajay Kumar Rawat.

(2.) Shorn of details, the prosecution case may be stated thus:

(3.) On inquiry, accused persons Vidya Charan Shukla and Ajay Kumar Rawat informed that Vidyacharan runs a medical shop in the name and style of Vidya Medical Store at Sidhi and Ajay was his driver. They were sitting in the vehicle with the bottles of the syrup for sale to the addicts, who purchased bottles of syrup for the purpose of intoxication, paying Rs.100/- for each bottle. They also informed that the bottles of cough syrup were supplied to them by applicant Shiv Kumar Gupta, who runs a Medical Store in the name of his father, called "Shiv Medical Store " . Co-accused Shiv Kumar Gupta also admitted that he supplied bottles of aforesaid cough syrup to applicant Vidyacharan and Ajay Kumar Rawat for being sold as intoxicants because the addicts used it for the purpose of intoxication and payed anything between Rs.100/- to Rs.150/- for each bottle, generating huge profits. Police also seized a receipt book of estimates from the possession of Shivkumar. The book contained estimate No. 556 which was in the form of a carbon copy, bearing the date of 22-11-2014, issued in favour of Vidya Medical Store Sidhi, wherein the transaction relating to 72 such 100 m.ls. bottles of Cosome (LCD) was recorded.