SHASHI BHUSHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner-Dr. Shashi Bhushan has filed the present petition under Section 439 Cr.P.C. for grant of regular bail to him in case FIR No.246 dated 22.09.2017 registered under Sections 21(c), 25 and 32 the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as 'the NDPS Act') and Rule 6 of the Haryana De-addiction Centre Rules, 2010 at Police Station City Mandi Dabwali, District Sirsa.

(2.) Learned senior counsel for the petitioner submits that the petitioner is a qualified and registered Medical Practitioner, who has completed his M.B.B.S. Degree and Post Graduate Diploma in Psychiatric. Initially he was employed in a hospital but subsequently, due to personal reasons, he started his own centre. Learned counsel for the petitioner further submits that the petitioner has falsely been implicated in the case whereas no offence under the Section in which FIR has been registered is made out. The provisions of NDPS Act are not attracted as there is no bar to keep the medicines by a registered Medical Practitioner or an individual for personal use. The petitioner had already applied for license for Drug Deaddiction Centre but he did not get the same. Learned counsel also submits that the psychotropic substance under the NDPS Act and the drugs approved for medical purposes are covered under Schedules H, H1 and X of Drugs and Cosmetics Rules, 1945 (hereinafter referred to as 'the 1945 Rules'). All formulations and preparations of Buprenorphine are included in Schedule H1. Learned counsel also submits that Schedule H1 medicines can be sold by retail chemists on the prescription of a registered Medical Practitioner without any restriction. The registered Medical Practitioners are exempted from the requirement of the license. The Buprenorphine has been included in the newly created Schedule H1, which contains a list of 46 prescribed drugs vide Gazette Notification GSR-588(E) dated 30.08.2013. The said drug was earlier included in Schedule H at the time of its approval. The concurrent amendments have been made in Rules 65 and 97 of the Drugs and Cosmetic Rules relating to the conditions of license and labelling of the drugs listed in Schedule H1. Learned counsel also submits that as per said amendment, there is no bar in supplying of drugs specified in Schedule H and H1 or Schedule X to a registered Medical Practitioner. Even the labelling of said medicines clearly shows that they are not to be sold by retail without the prescription of a registered Medical Practitioner. Rule 66(1) of the NDPS Rules 1985 permits possession of psychotropic substance by a person, who is lawfully authorized under the Rules. It includes lawful possession by the licensee and Others exempted from license under the exemptions clause being a registered Medical Practitioner for treatment purposes including treatment for addicts. Learned counsel also submits that under Rule 123 of the 1945 Rules, under the Drugs and Cosmetics Act, Schedule K has been appended, which contemplates the practice of a registered Medical Practitioner supplying medicines to his own patients. As per Schedule K, the exemption has been given for having license to be obtained for drugs supplied by a registered Medical Practitioner to his own patients. Learned counsel also submits that after obtaining the police remand, the Investigating Agency has carried out certain searches and seizures but in complete violation of the law of the land as neither any search warrants were issued/obtained nor any information was sent to the petitioner's family. The Deaddiction Centre of the petitioner was searched in absence of any responsible member of his family which shows that it was a case of tainted investigation. Learned counsel also submits that same allegations like one Dr. Rajinder Singla, are there against the petitioner, who approached this Court by way of filing Criminal Misc. No. M-37530 of 2015 and he was released on regular bail vide order dated 18.11.2015. At the end, learned counsel for the petitioner submits that while dismissing the regular bail of the petitioner, all these facts have not been taken into consideration and in view of judgment rendered by this Court in Inderjeet Singh @ Laddi and Others vs. State of Punjab, (2014) 3 RCR(Criminal) 953, the petitioner is entitled for interim bail till the receipt of FSL report. The petitioner is having no criminal background and he is in custody since 209.2017. Learned counsel for the petitioner has relied upon order dated 06.02015 rendered in CWP No.1361 of 2015 titled as Dr. Ashwin Mohan Vs. Union of India & others, order dated 212015 in CM No.16433 of 2015 in CWP No.26763 of 2014 titled as Dr. Ashish Sharma Vs. State of Punjab & others, order dated 26.11.2015 in CWP No.4038 of 2015 titled as Syncom Healthcare Limited and another Vs. Union of India & others, order dated 26.11.2015 in CWP No.17658 of 2015 titled as Dr. Rajinder Singla Vs. State of Punjab, order dated 26.11.2015 in CWP No.9779 of 2015 titled as Chander Mohan Behl Vs. Union of India & others, order dated 201.2018 in CWP No.1326 of 2018 titled as Dr. Rahul Rai & others Vs. State of Haryana & others, order dated 27.03.2015 in CRM-M No.5506 of 2015 titled as Chander Mohan Behl Vs. Narcotic Control Bureau, Chandigarh, order dated 18.11.2015 in CRM-M No.35370 of 2015 titled as Dr. Rajinder Singla Vs. State of Punjab, order dated 27.10.2017 in CRM-M No.38898 of 2017 titled as Nitin Bansal Vs. State of Punjab & order dated 07.10.2017 in CRM-M No.37753 of 2017 titled as Dr. Deepak & another Vs. CBI & others in support of his contentions.

(3.) Learned State counsel has opposed the submissions made by learned counsel for the petitioner on the ground that earlier on two occasions, the bail petition filed by the petitioner has been dismissed. The petitioner is not entitled for regular bail keeping in view the seriousness of offence. As per allegations levelled in the FIR, the petitioner was running a Deaddiction Centre under the name and style of M/s Daman Neuro Psychiatry Center and raid was conducted by Deputy Civil Surgeon and DCO. During raid, the petitioner was found stocking eight types of drugs containing Buprenorphine, which were supplied and meant for registered Drug Deaddiction Centre only. A huge quantity of tablets were recovered from the petitioner and he was apprehended at the spot. He was taken into custody on 22.09.2017.