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TMI Blog2015 (10) TMI 2190X X X X Extracts X X X X X X X X Extracts X X X X ..... y competent authority and cannot be said as baseless - No meaningful investigation done to show preparation of bills was fake except to statements of some persons who were afraid of their own complicity - Supervisory-cum-Special Investigating Team constituted by this Court to contact counterparts of drug-mafia and obtain a fresh fact-finding report within two weeks – Decide the bail of petitioner afresh – If two views are allowed, bail to petitioner be granted – Decided in favour of Petitioner. - CRM-M-11032 of 2015 (O&M) - - - Dated:- 14-10-2015 - Surya Kant And P. B. Bajanthri, JJ. For the Petitioner : Mr. Dharmender Bhan, Adv For the Respondent : Ms. Reeta Kohli, Addl. AG Punjab with Mr. Vaibhav Sharma, DAG Punjab JUDG ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubhaya, who was arrested on 07.12.2013. He was interrogated on the same day and is said to have named the petitioner. Similarly, Dev Raj @ Dev Behal who was arrested on 07.12.2013 too during interrogation allegedly named the petitioner-Davinder Kant Sharma proprietor of Patli Dabur Healthcare Pharmaceutical Unit. (3) The petitioner was declared proclaimed offender on 22.05.2014 as he was evading arrest but soon thereafter was arrested on 24.06.2014. It is alleged that he got recovered 8,15,900 tablets containing Pseudoephedrine and Triprolidine from his factory/licensed premises on 26.06.2014. (4) The petitioner had earlier approached this Court for grant of regular bail in CRM-M-31348-2014 but the same was dismissed on 17.12.2014. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing pseudoephedrine was effected and 3 stock registers, fake bill, income tax returns, drug licenses, copy of sale deed, stock register were also recovered and these registers were checked by drug inspector Sh. Sunny Kaushal and the same were found to be tampered. The forged bill no.202 dated 16.11.2013 which is in the name of TTDL Pharma, A12/15, Bhajan Pura, Delhi from Patli Dabur Health Care and bill No.208 dated 30.11.2013 which is in the name of SRB Health Car 60, Avas Vikas Colony, Roorkee, District Haridwar from Patli Dabur Health Care. Forms of Inspector reports, sale deed of factory, 4 drugs licenses, income tax returns, three sets of bills of years 2013 2014 were recovered and all these were taken into police possession vide sei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tained by the petitioner s unit are absolutely genuine; (iv) The petitioner has been implicated on the basis of confessional statements which are inadmissible; (v) There is not an iota of evidence to attract any provision of NDPS Act against the petitioner; (vi) The petitioner is incarcerated for more than a year and three months. (8) Contrarily, learned State counsel vehemently opposed the petitioner s prayer and contended that he claims to have supplied COLDSET to SRB Health Care of Roorkee District Haridwar (UP) but on investigation, it has been found that the said legal entity was fake and was got registered at residential address where no such factory was found in existence. The owner of the house denied the existe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of a pseudoephedrine with the average of 55.8mg/tablet or that triprolidine hydrochlorate was found present in the tablets , is also inconsequential as these are permitted components. Moreover, in view of the report of the Government Analyst of Central Lab at Kandaghat (HP) dated 19.09.2014 according to which, the sample referred to above is of standard quality as defined in Drugs and Cosmetic Act, 1940 , there is hardly any merit in the accusation. (10) As regard to the third allegation, namely, preparation of fake bills or showing supply to non-existent firms, no meaningful investigation has been done except to the statements of some persons who prima facie, were afraid of their own complicity. (11) When a commercial establishmen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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