SANJAY GOEL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER seeks concession of regular bail in a case which was registered at Police Station, Sadar, Patiala, at the instance of Inspector Avtar Singh, Incharge CIA, against 21 persons on the basis of secret information to the effect that the accused nominated in the FIR belong to different places i.e. Toronto, Delhi, Yamuna Nagar and Mathura etc. They, in connivance with each other indulged in purchase of medicines and after developing relations with managers/owners of certain drugs manufacturer units, prepared forged documents and on the basis of said forged documents they created fictitious firms and prepared pseudo ephedrine, ephedrine and ketamine etc. From the said chemical, they prepared S. methamphetamine (ICE) and also prepared synthetic drugs, pseudo ephedrine, ephedrine, ketamine and heroin and sent the same to various parts of the country as well as in the foreign countries including Canada, Australia, England and other European countries by concealing the same in food packets and other products. As per the FIR, various renowned persons and higher officials from different departments are conniving with the culprits. It was further alleged that for the purpose of smuggling, all the said persons use stolen vehicles and illegal weapons and earn huge profits. All the persons in connivance with each other made youngsters as victims of drug addictions and ruined their lives. In case all the said persons are apprehended and searches are conducted in their residences, factories and vehicles, intoxicating substances, stolen vehicles and illegal arms and ammunition could be recovered in huge quantity.

(2.) SO far as the petitioner is concerned, he is not named in the FIR nor any role is attributed to the petitioner. The case of the prosecution is that during the course of investigation in the said FIR one accused namely Davinder Singh Narwal @ Dev was arrested from Ganganagar, Rajasthan on 5.1.2014 who admitted that he had been supplied Ketamine and other chemicals by the petitioner through Basant Srivastva and one Manish Kumar prior to the year 2007. On the basis of the disclosure statement of accused Davinder Singh Narwal made in the police custody that he had met the petitioner once in the year 2004, the petitioner was arrayed as an accused. The petitioner was arrested on 16.1.2014 from Taj Palace, New Delhi where he had come to attend a marriage along with his family.

(3.) THE petitioner is alleged to have made a statement in police custody during police remand admitting that he has got three factories where he had been manufacturing a number of medicines and that in the year 1999 -2000, he came in contact with Basant Srivastva. He introduced himself to be trading in pharmaceuticals and informed him about the production of chemicals in his factory. He started supplying the chemicals to Basant Srivastva including Methamphetamine by underhand means as the demand of Ketamine was more with NRIs. Ketamine was being supplied to Basant Srivastva through Manish Kumar as per the demands as it used to give more profits. He was also introduced to Davinder Singh Narwal of Ganga Nagar, a Canadian citizen. He also obtained phone numbers of various customers from Basant Srivastva in the year 2004. Since Manish Kumar was indulging in smuggling of said psychotropic substances, the petitioner was kept as a witness. Ketamine was included under the Narcotic Drugs and Psychotropic Substances Act (for short 'the NDPS Act') and as number of traders were earning bad name as such, he surrendered the licence of Ketamine and started manufacturing diphenoxylate hydrochloride and started earning profits worth crores of rupees. A number of medicines manufactured in his factories were exported. He had been selling diphenoxylate hydrochloride to various smugglers and he had been supplying these to Davinder Singh Narwal and Munish Kumar etc. He had made a confession before the police that he had been selling adulterated diphenoxylate hydrochloride.