VIBHOR RANA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in both the applications are aggrieved by the order dated March 11, 2024 passed by the Learned Additional Sessions Judge, 4th Court, Malda cum Learned Special Court under the NDPS Act in connection with NDPS case no. 44 of 2021 turning down the prayer for discharge of the petitioners. Vibhor Rana, the petitioner in the CRR 1620 of 2024, shall hereinafter be referred to as the first petitioner and Gopal Kumar @ Gopal Singh @ Gopal, the petitioner in 1621 of 2024 shall hereinafter be referred to as the second petitioner.

(2.) On May 22, 2021 Apurba Mondal and Dipak Mondal were intercepted by the opposite party at Malda and 1350 bottles of phensedyl cough syrup bearing batch no. PHB21071 manufactured by M/s. Abbott Health Care Private Limited of Mumbai were recovered from their possession. Proceeding was initiated under Sec. 21(c)/28/29 of the NDPS Act against them. In response to notice issued upon M/s. Abbott under Sec. 67 of the NDPS Act, the company informed that 58500 bottles of phensedyl bearing batch no. PHB21071 were manufactured by it and sold to G.R. Trading Company, the proprietary concern of the first petitioner. In reply to notice issued upon M/s. G.R. Trading Company, it furnished the details of the purchase and subsequent sale of the same to 12 medicine shops in Uttar Pradesh. Notices were also sent to Gopal Medicos, the proprietary concern of the second petitioner and in response to the same, the second petitioner furnished the details of the 12 medicine shops from which he purchased those bottles of phensedyl. Prosecution complaint was filed against Apurba Mondal and Dipak Mondal on November 18, 2021. The petitioners were named in the supplementary prosecution complaint filed on March 23, 2022.

(3.) It is alleged that in course of investigation, it was found that M/s. Abbott manufactured the seized 1350 bottles of phensedyl and sent the same to the company of the first petitioner. The first petitioner sold the same to 12 medicine shops situated at Roorkee, Haridwar. The opposite party alleged that on conducting physical verification, it was found that the 12 medicine shops did not exist. It was further alleged that the bottles were sold to the 12 medicine shops on a single day and the 12 shops sold the entire consignment to the company of the second petitioner on the same day. One Shivani Singh, wife of the second petitioner disclosed before the opposite party that the second petitioner was the driver of the first petitioner. The first petitioner was arrested in the meantime and the NCB submitted inspection report before the learned Special Court which indicated that the Inspector of Drugs, Roorkee, Haridwar, Food Safety and Drugs Administration, Haridwar informed the NCB by a letter issued on September 12, 2022 that the 12 medicine shops and Gopal Medicos (second petitioner's company) possessed valid drug licence and were active except one namely Govind Pharma whose proprietor Govind Kumar had expired. Punjab National Bank also verified the transaction details in connection with M/s. G.R. Trading and found the transactions to be genuine. The second petitioner was granted pre-arrest bail on April 13, 2023 by an Hon'ble Division Bench of this Court.