LAWS(GAU)-2022-5-47

AMAL DAS Vs. STATE OF ASSAM

Decided On May 06, 2022
AMAL DAS Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Shri DK Baidya, learned counsel for the petitioner, namely, Amal Das, who has filed this application under Sec. 438 CrPC seeking pre-arrest bail in connection with Basistha PS Case No. 1023/2020 registered under Sec. 21(c) / 29 of NDPS Act, 1985. Also heard Shri BB Gogoi, learned Additional Public Prosecutor, Assam.

(2.) The projected case of the petitioner is that the allegations in the FIR are incorrect though it is a fact that a Truck was intercepted near Jorabat and in the search, Eskuf cough syrup in 44,160 nos. of bottles in 276 nos. of cartoons were recovered without any documents. The projected case of the petitioner is that the psychotropic substance seized was sold by the agency run by the petitioner to a distributor of Karimganj district. The further case of the petitioner is that one Anirudh Kumar Singh was running M/s. Hematech Pharmaceuticals at Narangi. The said Anirudh Kumar Singh had requested the present petitioner, who was running another drug distributorship in the name of ANM Pharmaceuticals to run his distributorship and accordingly executed a Power of Attorney dtd. 21/1/2021 in favour of the petitioner on the strength of which, the petitioner is running the business of M/s. Hematech Pharmaceuticals. It has also been contented that the consignment in question was purchased from one Daffodil Drugs Private Limited, Kolkata and was accordingly supplied to M/s. Nalini Drugs Distributor by issuing cash memo and E-way bill. It is however apparent that the GST invoice was of a subsequent date than the date of seizure.

(3.) This Court, vide order dtd. 7/7/2021, after going through the Case Diary had noticed that there was an issue as to whether the GST invoices are manufactured or genuine and accordingly, directed the Investigating Officer to file