JUDGMENT :

PANKAJ BHATIA, J.

1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.

2. The FIR in question was lodged as Case Crime No. 0178 of 2023 under Sections 419, 420 IPC read with Section 66 of Information Technology Act and under Section 12, 23, 24 of NDPS Act at P.S. Wazirganj, District-Lucknow. The version as contained in the FIR on record reveals the recovery of 370 strips of allegedly prohibited drug Tramadol besides the cash, mobile, laptop, vehicle Mahindra Scorpio as well as one scooty was seized by the department. The allegation in FIR reveals that information was received that around Lucknow, the prohibited intoxicated medicines were being sold online and were being purchased online and huge money was being made out of said business. Based on the said information, a team was constituted and on the basis of information received from the Mukhbir that the said business was being carried out online through a call centre. A team was constituted comprising of as many as 6 to 7 persons. It further records that on 13.6.2023, an information was received that a king pin of the gang i.e. Salman Hashmi the applicant along with his accomplice was available at the Kesarbag flat where the said Salman Hashmi runs a call centre. Receiving the said information, a team was constituted which went on a Government Vehicle. Mukhbir further informed, as per the FIR in question, that the applicant has assembled in the flat in question for selling the medicine. Subsequently, it is recorded that the drug inspector was informed and he came and was informed that they were going to carry out the search in flat in question. On reaching the place, two persons including the applicant were present and on asking their names, they disclosed their names as Salman Hashmi and accepted that they sell the prohibited medicines through International gang.

3. It was allegedly admitted by the applicant, that they used to sell the prohibited drugs on the daily basis through their online platform like-Buy soma online, overnight delivery, buy soma meds, Online meds guru-buy soma xanax online, buy Tramadol online and online meds care. It also records that the applicant admitted that he used to make available the said prohibited drugs. It was also admitted by him that he used to get the money of the said prohibited drug in his account. It was allegedly admitted that the applicant used to sell the drugs in India and across the globe and used to earn lot of profits. It is also recorded that the applicant took the name of one ‘Al-zaid’ as his accomplice. In the said recovery, an identity card of the bar counsel of U.P. was recovered besides an ATM card and mobile, wrist watch and laptop and a service tag. It also records that the applicant informed that he has purchased vehicle out of the profit of the said business. From the other co-accomplice Al-zaid, certain recoveries including Aadhar card, ATM card, mobile phone were recovered.

4. Based upon the said submissions, as recorded herein above, the FIR further records that a view is formed that the applicant is involved in the import and export of medicine called Tramadol. It further records that from the mobiles recovered, several chats were shown as well as list of buyers was also revealed. It also records that substantial quantity of the said medicine Tramadol were kept in the vehicle which was recovered at the flat, it further records that the drug inspector who had gone along with the team, on inspection was of view that the Tramadol medicine cannot be kept by any person in excess of the quantity prescribed. It is also recorded that on the said drug Tramadol, batch number, date of manufacturing and expiry were not mentioned. The total quantity of Tramadol allegedly recovered was 370 strips of tablet-Tramef, 40 strips of tablet-Tramacet and 10 strips of Ultra King, 260 tablets of Nexdol-P which according to the FIR were above the commercial quantity. It is also rec