JASVEER SINGH SODHI Vs. UNION OF INDIA

JUDGEMENT

(1.) The complaint has been filed by Intelligence Officer, Directorate of Revenue Intelligence, Ludhiana in the Court of Special Judge, Solan against petitioner and M/s. Ten Star Industries, M/s. Toronto Wellcure Pharmaceuticals, Manjit Kumar Proprietor of M/s. Allwell Pharmaceuticals Company and M/s. Allwell Pharmaceutical Company under Sections 2,9A, 22, 25A, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( for short Act). The allegations are that Jasvir Singh Sodhi petitioner is the partner and incharge of day to day work of the firm M/s. Ten Star Industries. He is also Director of M/s. Toronto Wellcure Pharmaceuticals. The allegations are that petitioner had supplied Psychotropic Substances such as Alprazolam, Diazepam, Zolpedum Citrate, Codiene Phosphate, etc. to Akshay Kumar.

(2.) The further allegations are that controlled unidentified substances in the form of packets gross weight 5.500 Kgs. and net weight 5.350 Kgs. of brown colour were recovered from the premises of M/s. Ten Star Industries. The further allegations are that 23 packets of silver colour containing white colour generic tablets were recovered from the premises of M/s. Ten Star Industries. It has been alleged that petitioner had been illegally supplying aforesaid items to Akshay Kumar. The petitioner has not maintained record of aforesaid Psychotropic Substances and controlled items and has thus violated NDPC (Regulation of Controlled Substances) Order, 1993 ( for short Order) which is punishable under the Act. The allegations are that department has recorded the statements of Jasvir Singh Sodhi, Akshay Kumar, Ajay Tiwari, Gopal Singh and Satnam Singh under Section 67 of the Act.

(3.) It has been submitted that in view of Section 67 of the Act and the statements of Jasvir Singh Sodhi, Akshay Kumar, Ajay Tiwari, Gopal Singh and Satnam Singh, the case has been fully established against the petitioner. The petitioner had applied for bail which was rejected by learned Special Judge, Solan on 24.11.2011 in Bail application No.73-s/22/2011. The petitioner was arrested on 25.10.2011 and since then he is in custody. The complaint is pending in the Court of learned Special Judge, Solan. The submission has been made that as per the allegations made in the complaint rigor of Section 37 of the Act is not applicable. The prayer has been made for releasing the petitioner on bail.