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2023 (6) TMI 746 - HC - GSTSeeking grant of bail - recovery and seizure of 62,080 nos. of Eskuf Cough Syrup bottles (Codeine Phosphate Chloropheniramine Maleate Syrup) of 100 ml. each - HELD THAT - The investigation reveals that the seized cough syrup bottles were meant for sale in the western part of India, meaning thereby not for sale in the North-eastern region. Having heard the learned counsel of both sides and consideration of the averments made in the application supported by all relevant documents along with the materials on the case diary and despite the bar in Section 37 of the N.D.P.S. Act, this Court is of the considered opinion that subject to final outcome in investigation, for ends of justice further continuation of detention in judicial custody of the accused petitioners in the interest of the ongoing investigation may not be warranted. Accordingly, it is provided that each of the accused petitioners, named above, shall be released on bail of Rs. 1,00,000/- only with two sureties of like amount to the satisfaction of the learned Special Judge (NDPS), Dhubri subject to the conditions imposed - appeal allowed.
Issues involved: Bail application under Section 439 Cr.P.C. in connection with Golakganj P.S. Case No. 13/2023 u/s 21(c) of the NDPS Act, 1985.
Summary: The accused petitioners, namely Malay Mukharjee and Hironmoy Sarkar, sought bail in connection with a case involving the transportation of 62,080 bottles of Eskuf Cough Syrup under the NDPS Act. The accused petitioners claimed innocence, stating they were transporting consignments of medicines with valid documents from West Bengal to Assam for a wholesale distributor. The investigating officer noted that the consignment was not intended for sale in the North-eastern region. The Court considered the documents presented and the ongoing investigation, concluding that further detention was not warranted at this stage. The defense argued that the accused petitioners were fulfilling their obligations, supported by genuine documents such as invoices and e-payment bills. The Special Judge had previously found the documents to be valid. Additionally, the Proprietor of the intended recipient of the seized cough syrup bottles had filed a petition for their release, which was pending consideration. The Court acknowledged the validity of the documents and the ongoing legal processes. The prosecution opposed the bail application, highlighting that the case was still at the investigation stage. The seizure memo indicated that the accused petitioners were in exclusive possession of the seized bottles. The Forensic Science Laboratory report on the cough syrup samples was awaited. The investigating officer confirmed the validity of the documents related to the transportation of the consignment. The Court considered the arguments from both sides, emphasizing the importance of cooperation with the investigation and compliance with specified conditions for the grant of bail. In the final decision, the Court granted bail to both accused petitioners, subject to conditions including cooperation with the investigating officer, refraining from inducement or threats, and avoiding similar offenses in the future. Any breach of these conditions would result in the cancellation of bail. The Court directed the release of the accused petitioners upon fulfillment of the bail amount and surety requirements to the satisfaction of the Special Judge (NDPS), Dhubri.
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