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IN THE HIGH COURT OF MADHYA PRADESH AT INDOR
Virender Singh, J.
Ranjan - Petitioner
Versus
State of M.P. - Respondent
M.Cr. C. Nos. 26515 and 46229 of 2018
Decided On : 02-01-2019
NDPS Act - Bail Application - Section 8/21 of NDPS Act, 1985 - Summary of Acts and Sections: The court discussed the provisions of section 21 of the NDPS Act, 1985, the definition of 'manufactured drug' under section 2(xi), and the notifications issued by the Central Government specifying the specifications of Codeine. The court also referred to various judgments related to the permissible limit of psychotropic substances and the calculation of the quantity of drugs in medicinal preparations.
Fact of the Case:
The police seized a large quantity of Eskuf Cough Syrup containing Codeine Phosphate from a truck and a godown. The petitioners, Ranjan and Sandeep, were implicated in the case. They applied for bail, claiming that the seized substance did not fall within the definition of 'manufactured drug' under the NDPS Act, and that they were not aware of the illegality of the goods. The prosecution opposed the bail applications, arguing that the petitioners possessed the substance without any valid documents and that the quantity seized was commercial.
Finding of the Court:
The court dismissed the bail applications, stating that the seized substance was in commercial quantity and the petitioners failed to establish that it was meant for therapeutic use. The court also emphasized that the petitioners concealed the contraband among bags of potatoes and onions, indicating their lack of bona fide intention.
Issues: The main issues were whether the seized substance fell within the definition of 'manufactured drug' under the NDPS Act, and whether the petitioners possessed the substance for therapeutic purposes.
Ratio Decidendi: The court held that the whole quantity of the substance recovered in the form of mixture should be considered for determining the quantity of psychotropic substance. It also emphasized that the substance should be exclusively meant for medicinal purposes to qualify as therapeutic practice. The court concluded that the petitioners' failure to establish the specific conditions required for therapeutic use rendered them ineligible for bail.
Final Decision: Both the bail applications were dismissed by the court.
ORDER :
Both these petitions are the first bail applications of Ranjan and Sandeep under section 439 of Criminal Procedure Code in Crime No. 08/2018 under sections 8/21 of the NDPS Act, 1985 registered at Police Station-Narcotics Cell, District-Indore.
2. In short, the case of the prosecution is that on 9-4-2018, Police Station, Narcotics Cell, Indore received information that last night i.e. 8-4-2018, Eskuf cough syrup having Codeine Phosphate is loaded in a truck bearing registration No. M.P.-09-HH-1996 from a godown near Center Point shrouded among bags of potatoes and onions. The truck is parked at a petrol pump on A. B. Road before Dakachya and driver Mohanlal will take it to Siliguri (West Bangal) to sell that Eskuf cough Syrup to the druggies/addicts. The truck will depart about 5-5:30 P.M. If the action is taken without delay, the contraband can be recovered. Immediately a team headed by Inspector B. D. Tripathi sent to the place indicated by the informer and a trap was laid near Bridge of Kshipra River. After a while, the team saw the truck coming from Dakachya side and got it stopped. Following due process, when the truck was searched, 400 boxes containing 64000 bottles of 100 ml each of Eskuf Cough Syrup kept concealed amidst 145 bags of onions and 7 bags of potatoes were recovered. Driver Mohanlal was having no document regarding transport of the same, while at the same time; he was having all relevant documents regarding transportation of onion and potatoes.
3. Mohanlal was taken into custody. On interrogation, he disclosed that owner Kaushal Singh has taken the truck to the godown of Gopal Mittal situated near Central Point, Mangliai, Indore and from that godown, Ranjan Shukla (the petitioner) has loaded the syrup.
4. The police went to the godown on next day i.e. 10-4-2018, searched for Ranjan Shukla but he could not be traced. The police sealed the godown. Next day on 11-4-2018, the Police traced Ranjan Shukla and inquired regarding cough syrup, who revealed that the godown belongs to Gopal Mittal and is taken on rent by proprietor of Anmol Medical, Manish Bhaskar, who operates his drugs business from this godown and he works for Manish Bhaskar. He also revealed that 223 boxes of Eskuf Cough Syrup are still lying in the godown. The godown was unlocked and searched in his presence. 223 boxes of Eskuf Syrup containing 35680 bottles of 100 ML each were recovered from the godown. No documents regarding storage of this cough syrup were produced by Ranjan Shukla. 13 ATM cards and 5 cheque books of several banks and a note book, a challan book and two plastic seals were also recovered from his possession.
5. The police approached Gopal Mittal, who revealed that the godown, from where the contraband was recovered, belongs to his elder brother Biharilal. Biharilal disclosed that his godown was taken on rent by Sandeep Kale (petitioner) for vegetable business. The Police seized the rent agreement.
6. The Police took out the samples from the seized articles and sent them to the FSL for chemical analyses, who confirmed existence of Codeine Phosphate and chlorpheniramine male ate.
7. Submissions of the petitioner Sandeep Kale are that he is a transporter and accepts goods to be transported in usual course of his business after verification of tax invoice and bills, keep them in his godown and got them loaded in the trucks to deliver them at the destination. In the present case also, the cartons were booked by one Anmol Medical stating that they contain some medicines. He accepted the goods to transport the same after verification of tax invoice and bills. He or any of his employees was not concerned nor was aware about the legality or illegality of the goods. He is not named in the FIR. Nothing is recovered from his possession. He is in jail since 2-5-2018. The investigation is over and charge-sheet is filed. Trial is likely
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