9911796707
TMI Blog2006 (2) TMI 643X X X X Extracts X X X X X X X X Extracts X X X X ..... he prosecution, on the basis of the intelligence information, arrested two Nigerian nationals at Sahar International Airport. Search of their baggage resulted in recovery of 17976 Ampoules of Fortwin Injections containing Pantacozine manufactured by M/s.Ranbaxy Laboratories. It is alleged that these persons in their statements informed that one person residing in Nigeria had given them address of a shop viz., Silverpoint Overseas (India) situate at Masjid Bundar, which allegedly belongs to the applicant. It is alleged that applicant sold them 18000 ampoules and some amount was paid in cash. 3. On 1st November 2004 residential premises of applicant were searched and certain documents are allegedly recovered. During investigations, stateme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its that this licence is in force from 29th October 2002 to 28th October 2007. Gujarat Marketing has its business premises at Ahmedabad in the State of Gujarat. He invited my attention to the conditions of licence. He has also invited my attention to Form 21B. He then invites my attention to a letter dated 13th May 2004 addressed to Assistant Drug Controller, New Delhi. In the submission of Mr.Tulsi, Pantacozine is an injection manufactured by number of multi-national companies including Ranbaxy. They come in the category of Analgesic. He submits that once the applicant is allegedly associated with M/s.Gujarat Marketing who hold a valid IEC and therefore, authorised to sell the drugs including those falling under the category of Schedule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sidering submissions of both sides, in my view, the facts and circumstances which are set out in the present application are more or less identical to Criminal Application No.3295 of 2005. 7. Further, it is pointed out by the applicant in the bail application itself that as far as he is concerned, he is operating his business in association with M/s.Gujarat Marketing. M/s.Gujarat Marketing was duly authorised to sell, stock or distribute drugs as also export them as per the Import Export Code. Applicant being authorised signatory of M/s.Gujarat Marketing in their bank account and dealing in drugs and pharmaceuticals, it is clear that unless and until it is established that the operations were carried on by applicant are prohibited exp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 64. General Prohibition - No person shall manufacture, possess, transport, import inter-State, export inter-State, sell, purchase, consume or use any of the psychotropic substances specified in Schedule I. 12. A bare perusal of the said Rule would indicate that general prohibition is qua the operations stipulated in Rule 64 and with regard to Psychotropic Substances specified in Schedule I. Mr.Salvi does not dispute that Pentazoicene is not mentioned in Schedule I to the Rules. In this view of the matter, my reasoning in Criminal Application No.3295 of 2005 would squarely apply in this case as well. 13. The bail application before the trial Court was argued on the basis that Narcotic Drugs and Psychotropic Substances Act (NDPS Act f ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
