PERDIPT CHAUDHARY & ANR. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this petition under Section 439 CrPC, the petitioners seek their enlargement on regular bail in the case FIR No.129 dated 19.09.2013 under Sections 21, 22, 25, 27 -A, 29, 61, 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Sections 420, 467, 468, 471 & 120 -B IPC registered at Police Station, Division No.6, Industrial Area, Ludhiana.

(2.) The two petitioners are son and father, respectively. Petitioner No.1 is the sole proprietor of pharmaceutical industry known as M/s Pioneer Laboratories having its factory premises at Rishi Nagar, outside Jundla Gate, Sector 16, Karnal. The firm was set up in the year 1999 and has been having valid licences issued by the drug authorities of State of Haryana. The firm has also been allocated quota of narcotic drugs by Central Bureau of Narcotics valid upto 31.12.2013. It is claimed that the pharmaceutical unit has always strictly complied with the terms and conditions of licence as well as mandatory provisions of the NDPS Act and the Rules/Orders framed thereunder.

(3.) The Punjab Police is said to have falsely implicated the petitioners in two cases registered under the NDPS Act/IPC i.e. (i) FIR No.173 dated 18.09.2013 under Section 22,61,85 of NDPS Act registered at Police Station Shambhu, District Patiala; and (ii) FIR No.129 dated 19.09.2013 under Sections 21,22,25,27 -A,29,61, 85 NDPS Act and Sections 420,467,468,471,120 -B IPC registered at Police Station, Division No.6, Industrial Area, Ludhiana. Since the petitioners have separately applied for bail in both these cases, the facts of each case are being briefly noticed.