MUKESH KUMAR KHEDAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is second bail application under Sec. 439 Cr.P.C. filed on behalf of the petitioner who has been arrested on 9/8/2023 in connection with FIR No.419/2023 Police Station Reengus, Sikar for offences punishable under Ss. 8, 21 and 22 of the NDPS Act.

(2.) Learned counsel for the petitioner submits that the previous bail application (No.12357/2023) filed on behalf of the petitioner was dismissed as withdrawn by this Court vide order dtd. 12/12/2023 with liberty to renew the prayer for bail after filing chargesheet in the matter. After conclusion of investigation, charge-sheet has been filed in this matter and thus, the petitioner has filed this second bail application.

(3.) Learned counsel submits that the accused petitioner has falsely been implicated in this case. He submits that the petitioner is qualified Pharmacist and running medical store namely Unique Medical at Reengus on the strength of requisite certificate and license issued in favour of the petitioner by Rajasthan Pharmacy Council. It is contended that on 21/5/2023, the petitioner placed a purchase order for 100 bottles of Monocoff Plus Syrup (Batch No.TBHW044) from Lifecare Pharma. Those goods (cough syrup) were sent to the petitioner by Lifecare Pharma through courier on 10/6/2023 along with the bills/invoice (Annex.5). As per the prosecution case, by effect of notification dtd. 2/6/2023 issued by the Ministry of Health and Family Welfare, manufacturing, sell and distribution of Chlopheniramine Maleate plus Codeine Syrup has been prohibited. Learned counsel contends that the petitioner received the drugs in pursuance of the purchase order therefore, the drugs was found in his medical store. Learned counsel submits that the petitioner has not sold even a single bottle of recovered drugs after the notification dtd. 2/6/2023, which shows his bonafide.