MUKESH SAINI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been filed by the petitioner under Sec. 439 of the Code of Criminal Procedure (Cr.P.C.) read with Sec. 36 AC (Clause-III) of Drugs and Cosmetics Act for grant of regular bail in complaint case registered under Ss. 18(a)(i) read with Ss. 17B(e), 18(a)(vi), 18(c), 22(1) (cca), 18A, 18B, & 22(1) (d) of the Drugs and Cosmetics Act, 1940 (for short, 'DAC Act').

(2.) Brief facts of the case, as per the status report filed by the respondent-State, are that on receipt of information about sale of spurious drugs through vehicle bearing registration No.HP93-3196 by the firm M/s Magnatek Enterprises, Baddi Solan, H.P., the Drugs Inspector, HQ Baddi, District Solan, H.P intercepted and followed the said vehicle upto the godown of M/s Rs. Roadlines. Thereafter, a team of Drugs Inspectors was constituted and the said team alongwith the witnesses and the police personnel visited the godown of M/s Rs. Roadlines, where owner of the transport godown, namely, Ram Sharan, was found unloading the shippers/cartons from the aforesaid vehicle. The team of the Drugs Inspectors checked the boxes, which were received by the said transporter from M/s Magnatek Enterprises and said Ram Sharan disclosed that he had also received some medicines from M/s Magnatek Enterprises on 14/7/2023, which were lying in his godown. Thereafter, the boxes were checked and a huge stock of spurious drugs was recovered, description whereof is as under:- <FRM>JUDGEMENT_85_LAWS(HPH)5_2024_1.html</FRM>

(3.) The GST invoices dtd. 14/7/2023/15/7/2023 and e-way bills, which were issued by M/s Magnatek Enterprises in favour of M/s Evo Lifesciences, Rohtak and M/s Sai Medical Agency Bhagirath Palace, Delhi and others were produced by said Ram Sharan However, the drugs on invoices of M/s Magnatek Enterprises did not match with the actual physical stock of drugs which were transported by the firm. Thereafter, the team of Drug Inspectors seized the spurious drugs and also took into possession the documents. Samples of the spurious drugs were sent for analysis. Said Ram Sharan telephonically contacted M/s Magnatek Enterprises to visit the spot/godown, but when no one came on the spot, the team of Drug Inspectors alongwith the police personnel visited M/s Magnatek Enterprises, Plot No.74C(II) HPSIDC, Industrial Area Baddi, H.P. to avoid any tempering of evidence by the accused persons at the aforesaid firm and when they reached at M/s Magnatek Enterprises, it was found that one Balraj was taking instructions over phone from the owners of the firm and it was also found that said Balraj had dumped the scrap of the spurious drugs in two polythene bags near the firm on the directions of owner of firm, i.e., Mukesh Saini (petitioner herein). These polythene bags of scrap of spurious drugs were recovered and on opening the said bags, a huge stock of defoiled strips, empty strips and scraps of product Glimestar PM1 tablets Batch No.F05W002 Mfg. date 01/2023 Exp. date 01/2024 Mfg. by Mankind Pharma Ltd. and of Rejunex CD3 Tablets manufactured by M/s Intas Pharmaceuticals and other material were also recovered. During the inspection and search, aforesaid Balraj absconded from the premises and he did not sign any document. The team recovered a huge stock of spurious material, detail whereof is as under:-