Point of Law: Criminal Law - Enlargement on regular bail - Proceeding under Section 82 Cr.P.C. was initiated after recording the satisfaction that the petitioner and his father were deliberately evading the service and execution of warrants.

JUDGMENT :

JYOTSNA REWAL DUA, J.

1. After being declared as a proclaimed offender on 12.9.2019, the petitioner was arrested on 11.3.2021 in Complaint No. 6-N/7 of 2014 pending before the learned Special Judge-II, District Sirmour at Nahan arising out of FIR No. 220/1011, dated 15.7.2011 lodged under Sections 22(3), 27C, 28A, 36AC of the Drugs and Cosmetics Act, 1990 registered at Police Station, Paonta Sahib, District Sirmour. Prayer in the instant petition is for enlargement on regular bail.

2. The prosecution case is that:

(i) One Shri Atul Kumar Gupta had sublet the premises of M/s Himalyan Laboratories, village Surajpur Paonta Sahib, District Sirmour on rent to M/s Soliance Pharma Products through its proprietor Saurabh Behal (Bail Petitioner) for running the business of drugs.

(ii) The bail petitioner was involved in manufacturing of spurious, misbranded and sub-standard quality drugs meant for sale to public with manufacturing addresses of M/s Soliance Pharma Products, Village Surajpur, Tehsil Paonta Saghib, M/s M.Sea Pharmaceuticals, Village Surajpur, Tehsil Paonta Sahib and M/s NLP Organics Pvt. Limited, A-590B, RIICO Industrial Area, Bhiwadi, at M/s Himalyan Laboratories, village Surajpur, Tehsil Paonta Sahib.

(iii) M/s Lincoln Pharmaceuticals Limited filed a complaint against M/s Soliance Pharma Products in respect of supply of alleged spurious and illegal drugs. During investigation, it was found that the licences on Forms-25A and 28A were not issued to the M/s Soliance Pharma Products. As a result of investigation, it was concluded that the bail petitioner being sole proprietor of M/s Soliance Pharma had unauthorisidely manufactured illegal and spurious drugs and sold the same to M/s Lincoln Pharmaceuticals Limited by using forged licences.

(iv) On the above basis, FIR No. 220 of 2011 dated 15.7.2011 was registered under Sections 22(3), 27(c), 28 A and 36AC of the Drugs and Cosmetics Act, 1940 at Police Station, Paonta Sahib. Petitioner was granted bail in this FIR on 13.9.2011 under Section 438 Cr.P.C. by learned Sessions Judge, District Sirmour.

(v) Since in terms of the applicable Act, the police had no jurisdiction, therefore, the FIR was sent to the concerned Drugs Inspector for instituting the complaint. Accordingly Complaint No. 6-N/7 of 2014 under Sections 18(a)(i) read-with Sections 17, 17-B, 18(a)(vi), 18-B, 18(c) and 22(3) punishable under Section 27(c), 27(d), 28-A, 27(b)(ii) and 22(3) of the Drugs and Cosmetics Act, 1940 was instituted by the Health and Family Welfare Department, District Sirmour before the learned Special Judge-II, District Sirmour at Nahan on 3.1.2014. Three persons were made accused in this complaint i.e. Shri Atul Kumar Gupta (Accused No. 1), the bail petitioner (Accused No. 2) and Shri Anil Behal (father of the bail petitioner) and (Accused No. 3).

Petitioner was declared a proclaimed offender vide order dated 12.9.2019 passed in this complaint. He was arrested on 11.3.2021 from Gurgaon (Haryana). Ever since then he is in custody. By means of instant petition preferred under Section 439 of Code of Criminal Procedure, he has prayed for his enlargement on regular bail.

3. Heard learned counsel for the parties and also gone through the status reports as well as documents placed on record by the petitioner. Relevant facts, as they come out from cumulative reading of the documents are that:

(i) Admittedly, the petitioner was granted anticipatory bail under Section 438 Cr.P.C. on 13.9.2011 by the learned Sessions Judge, District Sirmour in FIR No. 220/2011.

(ii) A complaint arising out of FIR No. 220/2011 was instituted by the Drugs Inspector, Nahan, District Sirmour on 3.1.2014 in the court of learned Special Judge-II, Sirmour at Nahan, which was registered on 20.2.2014 as 6-N/7 of 2014. Following position gives the gist of various orders passed in this complaint from time to time leading to petitioner being declared as proclaimed offender and his subsequent arrest on 11.3.2021:

(a) Order dated 25.