AMIT ARORA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This application has been filed by the applicant-petitioner under Sec. 482 Cr.P.C. for placing on record copy of challan under Sec. 173(2) Cr.P.C. along with consent memo as Annexures P-4 and P-5. In view of the averments made in the application, same is allowed. Annexures P-4 and P-5 are taken on record subject to all just exceptions. CRM-M-46900 of 2021

(2.) This petition has been filed by the petitioner under Sec. 439 Cr.P.C. seeking regular bail in case FIR No.110 dtd. 26/7/2021 under Ss. 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Special Task Force, District STF Wing. Brief facts of the case are that a secret information was received that petitioner-Amit Arora, who is running a chemist shop in the name of Kashish Medicose alongwith his friend Naveen Saini is involved in dealing with prohibited contraband and intoxicated tablets. Both, petitioner-Amit Arora and Naveen saini were coming on their car Alto bearing no.PB-10- GB-9198 as they are traveling to supply the same to their customers. FIR was accordingly registered. On 25/7/2021 at around 10 PM both petitionerAmit Arora and Naveen Saini were apprehended. From their possession 700 tablets of Roldal (containing Tramadol), 100 tablets Clovidol (containing Tramadol) and 570 capsules of SPASMO-A VON PLUS were recovered alongwith Rs.1,40,000.00 currency notes and ALTO car bearing no.PB-10- GB-9198 which is in the ownership of petitioner-Amit Arora. Subsequently from the information supplied by them, another accused Sushil Kumar was arrested and from his possession voluminous recovery of 795 strips of SPASMO-A VON PLUS capsules total 6360 capsules, 300 strips of SPASCORE-VON PLUS capsules total 2400 capsules, 218 strips of TAMWEL tablets total 2180 tablets, 90 strips of ALPRASAFE .05 tablets total 900 tablets, 180 strips of ROLDAL 100-SR tablets total 1800 tablets alongwith drug money of Rs.2,48,000.00 was made.

(3.) Learned counsel for the petitioner submitted that the petitioner is a licenced chemist and is running his shop under the name and style of 'Kashish Medicose' for the last more than 15 years and there is not even a single complaint against him till date. He further submitted that the petitioner has been falsely implicated in the present case and he is in custody since 25/7/2021. He further submitted that mandatory provisions of Sec. 42 of the NDPS Act have not been complied with by the police as search and seizure are completely vitiated as per Sec. 42 of the NDPS Act. He further submitted that investigation in the present case is complete; challan has been presented; charges have been framed; out of 25 prosecution witnesses, none has been examined as yet; the case is now fixed for prosecution evidence on 24/3/2023 and the trial is likely to take a considerable time to conclude. He further submitted that the petitioner is not involved in any other case. No communication of secret information received by ASI Munish Kumar was sent to the superior officer within 72 hours and no reasons were recorded as to why warrants/authorization could not be obtained prior to conducting the raid.