RAJINDER KAPUR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) (Oral) Crl.M.No.55619 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M-31163 of 2010 The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case No.R.C.SIB 2006 E 003/EOU- V under Section 29 read with Sections 8 & 22 of the NDPS Act, 1985 and under Section 27 of Drugs and Cosmetics Act, 1940, dated 5.2.2006, registered at Police Station I/EOU-V New Delhi.

(2.) I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Special Judge, Moga, vide which application filed on behalf of the present petitioner for anticipatory bail was dismissed. This is the 3rd application for anticipatory bail filed on behalf of the petitioner-accused. The first application was got dismissed as withdrawn from a coordinate Bench of this Court vide order dated 11.5.2009. Another application was filed on behalf of the petitioner, which was dismissed on merit by another coordinate Bench of this Court in Crl.M.No.M-16804 of 2009, vide order dated 22.6.2009. This is the third application for anticipatory bail on the same facts. Brief allegations against the petitioner-accused are as under:-

(3.) As per the facts of the case, Rajinder Kapoor Proprietor of M/s Global Laboratories, M/s Global Laboratories Firm,Kashmir Chand Roshan Lal Kawatra & M/s Suraj Medical Agencies have been challaned in the above said case. As per the brief facts of the case, CBIEOU-V Branch,New Delhi on 5.2.2006 registered a case against Kunal Kaushal and others. They were found in possession of G-Norphine Buprenorphine injections at Shamli District Muzaffarnagar Uttar Pradesh on 4.2.2006 without any valid authority/document. These injections were manufactured by M/s Gold Star Pharmaceuticals Pvt. Limited, Ferozpur road Dagru, Moga, Punjab. During the course of investigation, the CBI along with the officers of Drugs Department Punjab conducted joint raid at the premises of Suraj Medical Agencies located at Court Road, Moga, Punjab on 1.9.2006 in the presence of independent witnesses, Drug Authorities, Punjab and Roshan Lal Kawatra incharge of Suraj Medical Agencies. In that raid, 19270 injections of Buprenorphine, the brand name BUP Norephine Batch No. 1450 manufacturing date 2/2006, Expiry date 7/2007 manufactured by M/s Global Laboratories, SAS Nagar Mohali, Punjab were recovered. Shri Roshan Lal Kwatra competent/incharge of M/s Suraj Medical Agencies failed to produce any bill/invoice pertaining to the purchase of said injections manufactured by M/s Global Laboratories Mohali, Punjab. These injection were seized by the Drug Department, Punjab, and the samples were drawn by CBI in the presence of independent witnesses. During investigation, it was revealed by Shri Rajinder Kapoor proprietor of M/s.Global Laboratories that they had manufactured 75000 Buprenorphine injections of Batch No.1451 during January, 2006 to April, 2006 for M/s ETC Medicine located at Pirojpur, Malda, West Bengal and the same were sold vide invoice No.938 dated 20.02.2006, No.995 dated 2.4.2006, 1064 dated 11.07.2006 and 1127 dated 9.9.2006. However, Modh Abu Tahir, proprietor of Ms. ETC Medicine, Malda, West Bengal had purchased only 35000 Buprenorphine injections in the brand name of Buprenorphine of Batch No.1356 on two occasions from M/s Global Laboratories vide invoice No.995 dated 20.04.2006 and 1064 dated 11.07.2006. They had purchased only 3000 Buprenorphine injections of Batch No.1451 on two occasions with invoice No.938 dated 20.02.2006 and 1127 dated 9.9.2006. Therefore,