SANJAY SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in complaint No. 14/2023 dtd. 7/7/2023 filed under Ss. 18 (a) (i) read with Ss. 17B, 36 AC, 18A, 18B, 18c, 22 (3) punishable under Ss. 27(b) (ii), 27 (c), 28, 28(a) and 22(3) of the Drugs and Cosmetics Act (Drugs Act) and the Rules framed there under.

(2.) It has been asserted that the petitioner was arrested on 16/5/2023 by the office of the Drugs Controller, Baddi. He is the proprietor of M/s Allied Pharma. He has no criminal antecedents and was wrongly arrested. The petitioner had applied for bail by filing a bail petition before this Court, which was registered as Cr. M.P. (M) No. 1966 of 2024, and was dismissed by this Court on 25/10/2024. Co-accused Harish Kumar was granted bail in Cr.MP(M) No. 2161 of 2024 decided on 24/12/2024. Another co-accused, Rishab Singh, was granted bail in Cr.MP(M) No.2960 of 2024 decided on 10/1/2025. The petitioner filed a special leave petition, which was registered as SLP Criminal No.16894/2024 before the Hon'ble Supreme Court of India, challenging the rejection order dtd. 25/10/2024. The Hon'ble Supreme Court dismissed the bail petition and granted liberty to the petitioner to approach the learned Trial Court in case no reasonable progress was achieved within 18 months from the date of the order. The trial was conducted on 28/3/2025, 10/4/2025, 3/6/2025, 4/6/2025, 9/9/2025 and 10/9/2025. Statements of only two witnesses were recorded. The prosecution has cited 41 witnesses, out of whom 36 are to be examined. The Hon'ble Supreme Court of India modified the earlier order dtd. 27/2/2025 in miscellaneous application with diary No. 40736/2025 and deleted para 2 wherein the liberty was reserved to approach the learned Trial Court after 18 months. Two accused have been released on bail, and the petitioner is entitled to bail on the principle of parity. The petitioner's right to a speedy trial is being violated. Pradeep Singh has turned hostile. The petitioner would abide by the terms and conditions which the Court may impose. Hence the petition.

(3.) The petition is opposed by filing a status report asserting that M/s Allied Pharma is the main accused who had procured spurious drugs for the co-accused. The petitioner, Sanjay Singh, is the proprietor of M/s Allied Pharma, and he is the key person who had contravened various provisions of the Drugs Act. Drugs Inspector conducted a preliminary inquiry and found that Sanjay Singh, Proprietor of M/s Allied Pharma, and Rishab Singh, a competent person of M/s Allied Pharma, Ankit Singla and Ankush Singla, Directors and Harish Kumar, a competent person of M/s K.C. Overseas Pvt. Ltd., were responsible for supplying spurious drugs to the various pharmaceutical manufacturing firms situated in Himachal Pradesh. This information was passed to the State Drugs Controller. The Drugs Inspector received a telephone call to join the investigation at M/s Pinnacle Life Sciences. A team of Drugs Inspectors visited the premises of M/s Pinnacle Life Sciences in the presence of independent witnesses and found Explotab, Vivasol and Flocel on the premises. These drugs had clear differences in the labels and packaging cartons. It was suspected that these drugs were spurious. Ten (10) samples (three samples of finished drug formulations, six samples of Explotab and 01 sample of Vivasol GP) were taken for testing and analysis. M/s Pinnacle Life Sciences was directed to produce the purchase records. The records were produced and verified, and it was found that drug material was supplied by M/s. K.C. Overseas Pvt. Ltd, to M/s Pinnacle Life Sciences. A team of Drugs Inspectors visited the premises of M/s Logos Pharma, situated at Village Maissa Tibba, Tehsil & District Nalagarh, District Solan, H.P., on 9/5/2023 and found spurious drugs. Fifteen (15) samples were taken after completing the formalities. A team of Drug Inspectors was constituted by the Assistant Drugs Controller, Baddi, District Solan, H.P. The team visited the premises of M/s Ultra Drugs on 10/5/2023 and found spurious drugs in the premises. The samples were taken, and the record of purchase was verified. It was found that drug material was purchased from M/s K.C. Overseas. M/s JRS Pharma was requested to join the investigation and identify the drugs manufactured by it. The team of Drugs Inspectors visited the premises of M/s K.C. Overseas with the police and Harish Kumar, who was a competent person of the Firm was found present in the premises. Mr Deepak Gupta and Mr Shubham were also present. Directors of the Firm, Ankush Singla and Ankit Singla, were contacted, but no reply was received from them. The stock of the material was frozen on the spot. Mr Jaya Parkash M, authorised signatory and one representative, Anil Patel of M/S JRS Pharma, visited the premises of M/s K.C. Overseas on 11/5/2023 and identified the material in the premises as genuine, supplied by M/s JRS Pharma. They were requested to visit the premises of M/s Pinnacle Life Sciences. They identified some of the material stocked on the premises as not genuine and not manufactured by M/S JRS Pharma. Harish Kumar was asked to supply the record regarding the purchased material; however, he was unable to do so. The representatives of M/s JRS Pharma visited the premises of M/s Ultra Drugs and stated that the stock of spurious drug material Vivasol was not manufactured by them. Harish Kumar disclosed that this material was supplied by M/s K.C. Overseas. A team of Drugs Inspectors visited the premises of M/s Logos Pharma on 16/5/2023, where the material was identified as spurious by Mr Jaya Prakash M, a representative of M/s. JRS Pharma. Sanjay Singh, Proprietor of M/s Allied Pharma and Pardeep Singh appeared in the office of the State Drugs Controller on 16/5/2023. Sanjay Singh identified himself as the proprietor of M/s Allied Pharma, while Pardeep Singh identified himself as a Data Entry Operator. They joined the investigation, Sanjay Singh disclosed that he had supplied spurious drugs to M/s K.C. Overseas, which were labelled as manufactured by M/s JRS Pharma and M/S Gujarat Microwax Pvt. Ltd. at the instance of M/s K.C. Overseas. The team of Drugs Inspectors visited the premises of M/s Allied Pharma and found that M/s K.C. Overseas had generated forged sale invoices in favour of M/s Allied Pharma showing the product name Explotab. This material was stated to have been manufactured by M/s Blue Craft; however, a note of M/s Allied Pharma was found to be manufactured by M/S JRS Pharma. It was found that M/s Allied Pharma had manipulated the invoices in connivance with M/s K.C. Overseas. Two sales invoices were generated against the same number, out of which one was for Sodium Starch Glycolate manufactured by M/s Blue Craft, and the other was for Explotab, manufactured by M/s JRS Pharma. These forged invoices were exchanged between M/s Allied Pharma and M/s K.C. Overseas. These invoices were recovered from the email. These two firms were involved in the supply of spurious drugs. M/s K.C. Overseas submitted a response that drugs were acquired from M/s Allied Pharma. M/s Allied Pharma was asked to disclose the details of the drugs supplied. M/S JRS Pharma also disclosed that no material was supplied to M/s Allied Pharma. Pardeep Singh made a statement that M/s Allied Pharma used to manufacture Explotab and Vivasol and supply them to M/s K.C. Overseas. M/s K.C. Overseas also issued a response to the notice that the batches supplied to M/s Pinnacle Life Sciences were purchased from M/s Allied Pharma. The team of Drugs Inspectors visited the premises of M/s Park Pharmaceuticals situated at Village Kalu Jhanda and found three (3) Khaki corrugated boxes, out of which two contained spurious drugs. The team of Drugs Inspectors visited the premises of M/s Allied Pharma on 2/6/2023 and found that there was nil stock of (SSG) Sodium Starch Glycolate of M/s Blue Craft and some stock of (CCS) Cross Carmellose Sodium of M/s Amster; however, no sales bills were produced. The agreement between M/s JRS Pharma and M/s Allied Pharma was demanded from M/s JRS Pharma. M/S JRS Pharma replied that no agreement was ever executed with M/s Allied Pharma. The Directors of M/s KC Overseas joined the investigation on 19/6/2023 and produced the record, which shows that the drugs having the make JRS were manufactured by M/s Allied Pharma. They also produced the record of supplying the drugs to M/s Ultra Drugs, M/s Pinnacle Life Sciences, M/s Logos Pharma and others, which were manufactured by M/s Allied Pharma. The Drugs Inspector carried out further investigation and submitted a complaint before the competent Court. The bail petition filed by the petitioner was already rejected by this Court on 28/12/2023 and on 25/10/2024. The special leave petition No. 16894/2024 was dismissed by the Hon'ble Supreme Court of India on 27/2/2025. The petitioner applied for bail before the learned Additional Sessions Judge, Nalagarh, which was rejected on 28.042025. The petitioner is the proprietor of M/s Allied Pharma Chemical, who had manufactured 28,975 kgs of spurious drugs with M/s K.C. Overseas. 7275 kgs of spurious drugs have been recovered at Baddi, Barotiwali, and Nalagarh areas. The petitioner would abscond and obstruct justice; he would influence the witnesses and tamper with the evidence if released on bail. The allegations against the petitioner are serious, which adversely affect society. Therefore, it was prayed that the present petition be dismissed.