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2009 Supreme(SC) 1311

S.B.SINHA, DEEPAK VERMA
D. Ramakrishnan – Appellant
Versus
Intelligence Officer Narcotic Control Bureau – Respondent


Advocates appeared:
For the Appellant :K.T.S. Tulsi, Sr. Adv., Vikas Pahwa, Rishi Malhotra, Advocates.
For the Respondent:Mohan Jain, ASG, P.K. Dey, Shreekant N. Terdal, Advocates.

JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. One Seethapathy (Accused No.1), since absconding, President of M/s Chandra Importers Inc., New York (for the sake of brevity, hereinafter referred to as, “the Company”), was indulging in illegal internet pharmacy business. It has a branch at Coimbatore. Appellant herein (Accused No.2) was managing the activities of the said branch. A search was made in the office of the accused and various documents and computers were seized. It is alleged that the appellant used to mail consolidated requirements by means of packing slips in the name of individual customers to the e-mail I.D. of the first accused. The first accused used to procure different drugs indicated by the appellant by the local pharmacy and pack separately as per packing slips and dispatch the same to the customers abroad through airmail and RMS post office at Coimbatore. The drugs procured and exported are Alprazolam, Lorazepam, Nitrazepam, etc. Indisputably, these drugs find place at Serial Nos. 30, 56 and 64 respectively of the Schedule appended to the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “the Act”)

3. Inter alia, on the premise that for export of















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