Point of Law: Applicant is facing very serious charges and there is a full proof case going against the accused and so after considering the provisions u/s. 37 of the N.D.P.S. Act, this bail application is liable to be rejected. All procedures under NDPS Act were duly followed and necessary action taken as per law.

ORDER :

1. Heard learned advocate Mr. Jit Patel for the applicant, learned advocate Mr.Kartik Pandya for the respondent no.2 - original complainant and learned Additional Public Prosecutor Ms. Chetna M. Shah for the respondent-State through video conference.

2. This application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for releasing the applicant on regular bail in connection with the F.I.R. registered as NCB/AZU/CR-4/2020 registered with NCB, Ahmedabad Zone, for offences punishable under Sections 8(c), 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “the NDPS Act”).

3. Learned advocate Mr. Patel for the applicant states that there is no contravention of the provisions of the NDPS Act, as the quantity of the contraband seized was not falling in the definition of commercial quantity so also the applicant is doing business of medicine on license being issued by appropriate authority and the said contraband being used for medicinal and therapeutic use there being contravention as stated in Sections 8 and 21 of the NDPS Act.

4. Learned advocate Mr.Patel states that the applicant is having the licence in name of UMA Khodal Medical Agency from the year 2015, which is valid till 14th October, 2020 and has also purchased the seized goods from R.S. Pharma on 5th March, 2020 and 23rd April, 2020 and received the delivery of the goods on 23rd April, 2020 and the respondent no.2 seized such goods on 26th April, 2020. Learned advocate Mr.Patel further submitted that the decision of the Supreme Court in case of Hira Singh Vs. Union of India, in Criminal Appeal No.722 of 2017 would not be applicable in the facts of the present case as there is no allegation made by the respondent no.2 with regard to the contraband use of the seized medicine as the respondent no.2 seized the alleged contraband goods from the place near to the house of the applicant, as the applicant could not take the delivery of the goods at his medical shop in view of the lockdown on account of Covid 19 pandemic situation. Mr.Patel, therefore, submits that prima facie there is no violation of the provisions of the NDPS Act by the applicant and he is therefore, required to be enlarged on bail as the chargesheet is filed and no further investigation is required to be made by the respondent no.2.

5. On the other hand, learned advocate Mr.Pandya appearing for the respondent no.2 Intelligence Officer, Narcotics Control Bureau submitted that as per the settled legal position as the petitioner has not kept the seized material at the place where he is required to keep the same and the material was found in a security cabin near the house of the applicant, therefore, the respondent no.2 was justified in seizure of the material containing the following three items.

1. Seven (07) cartons, each containing 120 bottles labeled as RTX-Care Premium Cough Syrup', Codeine Phosphate and Chloropheniramine Maleate Syrup 100 ml. Bearing batch No.CBL-1516/19 manufactured by C.B. Healthcare, Solan (H.) and marketed by We care Pharmaceauticals, Kalol, Distt. Gandhinagar (Gujarat).

2. One (01) carton containing 22 boxes labeled as SPASTRACAN PLUS Dicyclomine Hydrochloride, Tramadol Hydrochloride & Acetaminophen Capsules bearing batch No.CBC-1371/19 manufactured by C.B. Healthcare, Solan (H.P) and marked by We care Pharmaceauticals, Kalol, Distt. Gandhinagar (Gujarat). Batch packet contains 06 strips, each strip containing 24 capsules and each capsule containing Tramadol Hydrochloride IP 50 mg.

3. One (01) carton containing 97 boxes labeled as ALPRACAM 0.5, Alprozolam Tablets I.P. 0.5 mg bearing batch No.CBT-1449/19 manufactured by C.B. Healthcare, Solan (H.P) and marked by We care Pharmaceuticals, Kalol, Distt. Gandhinagar (Gujarat). Each box contains 08 strips, each strip containing 75 tablets.

6. Mr. Pandya further submitted that there is a clear violation of provisions of Section 8(c) read with Section 21(c), 22(c) and Section 29 of the N