JUDGMENT

Deepak Manchanda, J. (Oral)

CRM-38903-2022

The instant application has been filed for placing on record the the additional document as Annexure P-12.

2. For the reasons mentioned therein, the application is allowed.

3. Document as Annexure P-12 is taken on record subject to all just exceptions.

CRM-M- 25940-2022

4. Petitioner has prayed for grant of regular bail under Section 439 Cr.P.C. in case FIR No. 682 dated 10.12.2021, under Section 22 of NDPS Act and later on added Sections 120-B, 201 IPC registered at Police Station Sector 32-33 Karnal.

5. Learned Senior counsel for the petitioner contends that the petitioner is in custody since 02.02.2022, who is a distributor having a valid licence to sell, stock or exhibit (or offer) for sale or distribute by whole-sale the drugs, which is valid from 29.05.2020 to 28.05.2025 (Annexure P-1) but has been falsely implicated in the present case as he has been nominated on the basis of disclosure statement made by himself and the alleged co-accused Savita Chhabra, the owner of M/s Vandan Medical Store, who has been granted concession of interim bail by the Hon'ble Supreme Court on 28.11.2022. Learned Senior counsel further contends that the petitioner sold the medicines strictly in terms of provisions of section 18 of the Drugs and Cosmetics Act, 1940 which reflects qua the prohibition of manufacture and sale of certain drugs and cosmetics and for a licence holder, the quantity is immaterial as there is no bar qua the quantity. It is argued that on 26.06.2021, proprietor of M/s Vandan Medical Store (M/s Vandan Medical Store), Shop NO. 4, Gali No. 23, Sohana Road, Karan Vihar Karnal -132001 namely Savita placed the order of Alpax (Aprazolam) 0.50 tablets 399 boxes packing 10x6x10 and requested the petitioner's firm to supply as soon as possible. Upon which petitioner's firm i.e. Bansal Pharma (Petitioner's firm), N.K. Sharma Road, Badal Colony Zirakpur (PB) issued Tax invoice on 30.06.2021 amounting to Rs. 84907/- (including IGST) in the name of M/s Vandan Medical Store and also prepared e-Way Bill on 01.07.2021. Thereafter, the aforesaid tablets were booked for delivery through Nirman Goods Carriers on the same day i.e. 01.07.2021. The ledger of the petitioner's Firm shown balance against M/s Vandan Medical Store. (Copy of Purchase order dated 26.06.2021, Tax Invoice dated 30.06.2021, e-Way Bill dated 01.07.2021, Booking of consignment through Nirman Goods Carriers dated 01.07.2021, Ledger of Zannet Pharma and petitioner's firm and Booking register is annexed as Annexure P-2, P-3, P-4, P-5, P-6, P-7 and P-8 respectively. It is further argued that the bare perusal of the aforesaid Annexures would show that Savita Chhabra proprietor of M/s Vandan Medical Store placed order to petitioner's firm for immediately supply of Alpax tablets upon which petitioner's firm booked through Nirman Goods Carrier which was duly received by Aryavart Motor Transport Co. for futher delivery to M/s Vandan Medical Store. Hence question of violation of any of the provisions of the NDPS Act or rule or order made or condition of license granted thereunder by the petitioner's firm does not arise at all as petitioner's firm was supplying the drugs under the Drugs and Cosmetics Act. Learned Senior counsel further contends that the petitioner is covered under Rule 66(1) of the NDPS Rules, where it is held that any person holding valid drug sale licence can stock for sale, distribution the medicinal drugs. As such, the provisions of Section 22 of the NDPS Act are not attracted in case of the petitioner. Learned Senior counsel submits that nothing has been recovered from the petitioner and the investigation has also been