GOPAL GUPTA Vs. CENTRAL NARCOTICS BUREAU

JUDGEMENT

(1.) The present petition under Section 482 of the Cr.P.C. has been preferred by the petitioner for quashment of FIR No.2/2017 dated 19.01.2017, registered under Section 8/29 of the Narcotic Drugs and Psychotropic Substances, Act 1985 (hereinafter referred as "NDPS Act"), by the Central Bureau of Narcotics, Morar, Gwalior and all consequential proceedings. Later on, although the petitioner placed the charge-sheet filed by the respondent by way of private complaint, but pleadings remained the same, without any amendment.

(2.) Precisely stated facts of the case are that on the basis of secret information, Officer of Central Bureau of Narcotics (hereinafter referred as "CBN") seized about 76,200 bottles of Phensedyl Syrup (Cough Syrup) 100 ml. each on 20.01.2017 from the garage of the residence of petitioner situate at Ravi Nagar Gwalior. It is the case of the prosecution that the petitioner was unable to show any license/document to validate possession of pharmaceutical preparation containing Codeine phosphate which is a narcotic drug. Later on, private complaint was filed by the respondent/CBN under Sections 8, 21, 28 and 29 of the NDPS Act and it was referred in the complaint that with the name of M/s Pharma Traders, Hujrat Kotwali, Gwalior illicit trafficking and transportation of Phensedyl Syrup to North East States were conducted. On the tip off of secret information, inquiry conducted and found that only with the name of Pharma Agency, a shop was operated.

(3.) Thereafter, it was found that the person at the helm was Rajendra Bandil, who represented himself as Manager and on search, 150 cartoons of Phensedyl Syrup was found and he could not able to give the details of sale and purchase of the goods. On inquiry, he admitted that he is the Manager and Proprietor is Smt. Anita Gupta. Thereafter, computers of Pharma Agencies were seized and on analysis, it was found that a large quantity of Phensedyl Syrup was sold on 01.04.2016 to 05.08.2016 to the different agencies at Delhi, Kolkata and Gwalior and when those agencies at Delhi, Kolkata and Gwalior were inquired then they categorically denied the purchase of said Phensedyl Syrup. Out of six firms, Abhay Traders Delhi, Tara Medical Agency Kolkata and Galav Pharmaceutical Gwalior were the firms who denied the purchase of said Phensedyl Syrup and K.D.M. Enterprises Gwalior was found to be run by Rajendra Bandil and Global Marketing Gwalior was run in the name of petitioner's son and company Pharma Sales was run in the name of father of petitioner.