Bail under the NDPS Act requires evidence of innocence and ensures the accused is unlikely to re-offend; the absence of either condition bars bail.

JUDGMENT

Subramonium Prasad, J. The petitioner seeks bail in FIR No.218/2018 dated 29.08.2018 registered at Police Station Crime Branch for offences under Section 22 and 29 of the NDPS Act read with Section 63 and 65 of the Copyright Act.

2. Briefly stated, the facts leading to the instant case are as follows:

i. On 28.08.2018, at about 4.00 PM, a secret information was received at IGIS/Crime Branch, Dwarka stating that one person, namely Sunil Sharma, is involved in supply of Tramadol (a substance prohibited under the NDPS Act) to North-East region along with his friends namely, Rajesh and Nagesh.

ii. After necessary compliances, raid was conducted and three persons namely, Sunil Sharma, Rajesh Kumar Sharma and Nagesh Sharma were apprehended. It is stated that 46,656 Capsules of Spasmo Proyvon Plus which contains Tramadol were recovered from their possession and the instant case was registered.

iii. During investigation, several persons were arrested. In his disclosure statement, one co-accused Vineet Garg @ Banti stated that Sunil Sharma was funding the business and he used to supply Buprenorphine injection. It was further disclosed that the said Buprenorphine injection was supplied after removing the labels and stickers and after pasting labels of standards companies so that they can be sold on higher prices. It was disclosed that these labels were procured through the Petitioner herein.

iv. It is stated that the Petitioner was arrested on 24.09.2018. It is stated that during investigation he disclosed that co-accused Sunil Sharma contacted him in Jan/Feb 2018 for the first time and informed him that he is in the process of setting-up his own medicine manufacturing plant. It is stated that he informed the petitioner herein that the capsule of Spasmo Proxyvon Plus is in great demand among drug abusers because it contained a psychotropic substance Tramadol. Co-accused Sunil Sharma further informed that they were setting up entire setup for manufacturing Spasmo Proxyvon Plus capsules, but they lack printing/packaging material.

v. It is stated that co-accused Sunil Sharma lured the petitioner herein on the pretext that he will give ten times more money than the normal rate if the petitioner herein gets ready to extend help. It is stated that the co-accused Sunil also provided nearly 50-60 thousand labels of standard companies like Logo-Gesis and Lupi-Gesic despite having knowledge about the use of the stickers for illegal and easy sale of medicines containing psychotropic substance, i.e. Buprenorphine, without taking any Purchase Order/valid documents from the co-accused Sunil Sharma.

vi. It is stated that the petitioner was taken on two days PC remand and three bundles (containing 9000 Nos. of literature) of Spasmo Proxyvon Plus Literature and 31 boxes of Stemetil MD having printed details of Abbott Healthcare Pvt. Ltd. were recovered from his office i.e. 2151/14, New Patel Nagar, Delhi. It is pertinent to mention that the Petitioner does not have a license to print literature of Spasmo Proxyvon Plus.

vii. The petitioner further disclosed that these recovered literature and empty boxes of Stemetil MD are the left over part of the consignment of printed/packaging material supplied to the co-accused Sunil Sharma. The above mentioned details were taken into possession through seizure memo.

viii. It is stated that the petitioner herein was well versed with the use of printed material provided by him and despite that he extended his help to this group and provided all kind of printed/packaging material in order to make easy money. It is stated that without his help, it was not possible for the accused persons to sell Tramadol t