JUDGMENT :

1. Heard Sri Ankit Agarval Advocate, the learned Counsel for the applicant and Sri Krishna Agarawal Advocate, the learned counsel representing the Central Bureau of Narcotics (which will hereinafter be referred to as ‘C.B.N.’).

2. The instant application has been filed seeking release of the applicant on bail in C.B.N. Case Crime No. 04 of 2021, under Sections 21/22/25/28/30/35 of Narcotic Drugs and Psychotropic Substances Act, 1985 (which will hereinafter be referred to as ‘the Act’), Police Station C.B.N. New Delhi.

3. On 26-10-2021, the officers of C.B.N. had conducted a search at the premises of M/s G. M. Traders and it is alleged that various narcotic and psychotropic drugs were recovered from the premises and the applicant was arrested from the premises.

4. In the affidavit filed in support of the bail application it has been stated that the applicant’s elder brother Lakshman Agrawal holds a license to ‘Sell, Stock, Exhibit or offer for sale, or distribute by wholesale, drugs other than those specified in Schedule C, C (1) and X’ and he is running his medical store in the name and style of ‘M/s G. M. Traders’ and by means of another license, he has been authorised to deal in drugs specified in Schedule C and C(1), excluding those who specified in Schedule ‘X’.

5. It has further been stated in the affidavit that Sri. Lakshman Agrawal does not keep good health and, therefore, the applicant looks after his business.

6. It has further been stated in the affidavit that the applicant is innocent and he has been falsely implicated in the present case; that the applicant has no criminal history and he is languishing in jail since 27-10-2021.

7. The C.B.N. has filed a counter affidavit stating that 31456 capsules of Tramadol, 158 injections and 800 tablets of Clonazepam, 9400 injections of Pentazocine, 1368 bottles of Codeine Syrup, 30 tablets of Diazepam, 216 injections of Buprenorphine and 580 tablets of Chlordiazepoxide were recovered in the search conducted at three premises of M/S G.M. Traders on 26-10-2021 and the applicant was arrested at 08:00 hours on 27-10-2021.

8. It has been stated in the counter affidavit that in his voluntary statement recorded under Section 67 of the NDPS Act, the applicant has admitted that he has resorted to illegal sale and stock of illicit NDPS medicines.

9. A copy of the complaint filed by the C.B.N. has been annexed with the supplementary counter affidavit in this Court in which the lists of recovered medicines have been mentioned. All the substances recovered during the raid were medicines manufactured by established manufacturing companies that had been purchased by the applicant and bills in respect of the same were shown to the officers of C.B.N., except Tramadol and Buprenorphine.

10. It has further been stated in the complaint that the statement of several persons were recorded during investigation from which it appeared that the medicines had been purchased by M/s G. M. Traders on proper bills as per the provisions of law in this regard.

11. Although numerous documents have been annexed with the copy of the complaint filed before this Court, a questionnaire issued by the Court of Special Judge, NDPS Act has been annexed with the supplementary counter affidavit, stating that no document has been filed by C.B.N. along with the complaint.

12. Section 2 of the NDPS Act defines narcotic drugs and manufactured drugs as follows: -

“(xiv) “narcotic drug” means coca leaf, cannabis (hemp), opium, poppy straw and includes all manufactured drugs;

(xi) “manufactured drug” means—

All coca derivatives, medicinal cannabis, opium derivatives and poppy straw concentrate;

Any other narcotic substance or preparation which the Central Government may, having regard to the available information as to its nature or to its nature or to a decision, if any, under any International Convention, by notification in the Official Gazette, declare to be a manufactured drug,

but does not include any narcotic