KAPIL CHOPRA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 47 of 2018, dated 10.02.2018, under Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for the sake of brevity to be called as 'ND&PS Act').

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is proprietor of medicine shop in the name of Deepak Medical Hall on L.R. Institute Road, Oachghat, Tehsil and District Whether reporters of Local Papers may be allowed to see the judgment? Solan and doing the business of retail sale of drugs under license form 20 and 21 issued under the Drugs and Cosmetic Rules, 1945, vide licenses No. HP-SOP-14112 and HP-SOP-14113, valid from 19.10.2016 to 18.10.2021. He has further averred that he has been duly authorized to sell all drugs, except drugs specified in Schedule X of Drugs and Cosmetic Rules, 1945. He has purchased 100 vials of Codispan cough syrup, having batch No. LPN-382, from wholesale agency, Madhu Sales Corporation, vide invoice No. MG-6374, dated 25.01.2018, and the said corporation had purchased the above drug from Distributor, Boots Lifesciences Ltd. Bengaluru, vide invoice dated 13.12.2017. The petitioner has prayed that he may be released on bail.

(3.) Police report stands filed. As per the prosecution story, there was prior information that near L.R. College, in Deepak Medical Hall, which is owned by the petitioner, the petitioner is selling narcotic drugs and in case the shop is raided, huge quantity of such drugs could be recovered. The information was certain and as the Court was distantly situated, there was likelihood of tampering with the drug by the petitioner, after joining two independent witnesses, i.e., Ward Member of the Panchayat and another local person, the shop of the petitioner was raided. Police personnel gave their personal search to the petitioner thereafter, in presence of independent witnesses, shop of the petitioner was searched and 90 vials of Codispan cough syrup, each having 100 ml, were recovered. As per the label pasted on the vials, each vial of Codispan cough syrup contained 10 mg codeine phosphate.