This Revision Case is preferred by the Senior Intelligence Officer, Directorate of Revenue Intelligence, against the order of the Metropolitan Sessions Judge, Hyderabad, dated 15-12-2006 in CrI.M.P.No.3038 of 2006 in Crl.M.P.No.2772 of 2006 in F.No.VIII/48/03/2006 HRU of Directorate of Revenue Intelligence, Hyderabad.

2. The respondent herein was a businessman. He was prosecuted for the offences under Sections 20 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act’). On 21-07-2006, the officials of the Directorate of Revenue Intelligence, raided the premises of M/s Hy-Gro Chemicals Pharmatech Private Limited and found certain contraventions in the manufacture and supply of the Dextropropoxyphene Hydrochloride (DPP HCL) which is a Narcotic Drug and thereafter they found 250 KGs of Dextropropoxyphene Hydrochloride was noticed when compared to the book balance and the Managing Director of the company admitted that the said drug was clandestinely cleared to M/s. J.K. Pharma Agencies, Delhi. The respondent and his brother were indulging in the said business, therefore, the crime was registered and the contraband was seized. In the crime petition, anticipatory bail was granted to the respondent directing him to make himself available for interrogation as and when his presence is required, therefore, he could not be arrested by the Investigating Officials for the purpose of interrogation. When the Investigating Officer requires his presence for the purpose of interrogation, the respondent herein filed an Application covered by CrI.M.P.No.3038 of 2006 under Section 438 (2) (1) of Cr.P.C. requesting the Court to modify the order to the extent that his interrogation and examination to be done by the Investigating Officers in the presence of his Advocates Sri S.M. Deshmukh and Sri P. Venkataraman and Cardiologist to monitor the health of the petitioner in the interest of Justice. The learned Sessions Judge, after hearing both sides, allowed the Petition in part directing the Investigating Officers to interrogate the respondent in the presence of his Advocates Sri S.M. Deshmukh or Sri P. Venkataraman and further directing that the Advocate shall not interfere with the interrogation by the Investigating Officers. Being aggrieved by the said Order, the Senior Intelligence Officer filed this Revision Case to set aside the order of the learned Sessions Judge in CrI.M.P.No.3038 of 2006.

3. The contention of the Revision Petitioner is that the officers of DRI, New Delhi on examination at Air Cargo Complex, IGI Air Port, New Delhi found 5 drums containing Dextropropoxyphene Hydrochloride having stickers affixed to them which revealed that the same were manufactured by M/s. Hy-Gro Chemicals Pharmtek Private Limited, IDA, Bollaram and the consignee was mentined as M/s. J.K. Pharma Agencies, New Delhi. The goods were seized on reasonable belief that the same had been cleared in contravention of the provisions of the Act to a party not holding proper permit as prescribed under the Act. In this connection, some of the persons were summoned and their statements were recorded under Section 67 of the Act, which reveal that the said persons have committed the offences punishable under Sections 21 and 29 of the Act and they were arrested and produced before the Metropolitan Sessions Judge, Hyderabad. Thereafter, the respondent and his brother Mr. Ramesh Kumar Sarma were summoned under Section 67 of the Act. Mr. Ramesh Kumar Sarma admitted his guilt and he was arrested and remanded to judicial custody.

4. The respondent filed an Application for anticipatory bail and he was granted the same. The Revision Case filed by the State was dismissed by the High Court. The respondent filed an Application seeking permission to have the presence of his Advocate and doctor at the time of examination by the Investigating officer and the learned Sessions Judge was pleased to direct that the interrogation and examination of the re