The main legal point established in the judgment is the importance of compliance with the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, particularly in relation to possession, transportation, sale, and purchase of narcotic drugs and psychotropic substances. The judgment emphasizes the need for adherence to license conditions and the applicability of the NDPS Act over the Drugs and Cosmetics Act, 1940.

JUDGMENT :

With consent, heard finally.

The present petition under section 482 of the Criminal Procedure Code has been preferred by the petitioner for quashment of FIR No. 2/2017 dated 19-1- 2017, registered under section 8/29 of the Narcotic Drugs and Psychotropic Substances, Act 1985 (hereinafter referred as “NDPS Act”), by the Central Bureau of Narcotics, Morar, Gwalior and all consequential proceedings. Later on, although the petitioner placed the charge-sheet filed by the respondent by way of private complaint, but pleadings remained the same, without any amendment.

2. Precisely stated facts of the case are that on the basis of secret information, Officer of Central Bureau of Narcotics (hereinafter referred as “CBN”) seized about 76,200 bottles of Phensedyl Syrup (Cough Syrup) 100 ml. each on 20-1-2017 from the garage of the residence of petitioner situate at Ravi Nagar Gwalior. It is the case of the prosecution that the petitioner was unable to show any license/document to validate possession of pharmaceutical preparation containing Codeine phosphate which is a narcotic drug. Later on, private complaint was filed by the respondent/CBN under sections 8, 21, 28 and 29 of the NDPS Act and it was referred in the complaint that with the name of M/s Pharma Traders, Hujrat Kotwali, Gwalior illicit trafficking and transportation of Phensedyl Syrup to North East States were conducted. On the tip off of secret information, inquiry conducted and found that only with the name of Pharma Agency, a shop was operated.

3. Thereafter, it was found that the person at the helm was Rajendra Bandil, who represented himself as Manager and on search, 150 cartons of Phensedyl Syrup was found and he could not able to give the details of sale and purchase of the goods. On inquiry, he admitted that he is the Manager and Proprietor is Smt. Anita Gupta. Thereafter, computers of Pharma Agencies were seized and on analysis, it was found that a large quantity of Phensedyl Syrup was sold on 1-4-2016 to 5-8-2016 to the different agencies at Delhi, Kolkata and Gwalior and when those agencies at Delhi, Kolkata and Gwalior were inquired then they categorically denied the purchase of said Phensedyl Syrup. Out of six firms, Abhay Traders, Delhi, Tara Medical Agency, Kolkata and Galav Pharmaceutical, Gwalior were the firms who denied the purchase of said Phensedyl Syrup and K.D.M. Enterprises, Gwalior was found to be run by Rajendra Bandil and Global Marketing, Gwalior was run in the name of petitioner’s son and company Pharma Sales was run in the name of father of petitioner.

4. Thereafter, on a tip off, on 19-1-2017, Inspector, Central Bureau of Narcotics, Gwalior raided the house of petitioner. Initially the petitioner did not come out from his house, then police protection was taken and he was apprised by the consequences orally from outside then he opened the door and in his presence, search was conducted in the basement of his residence where about 76,200 bottles of Phensedyl Syrup have been seized. Thereafter, FIR was registered under the provisions of NDPS Act. The seven distributors of the said product gave the statement under section 67 of NDPS Act and admitted the fact that said batch of Phensrdyl Syrup was not sold to Pharma Agencies and some of the distributors, as referred in the complaint, despite issuing summons did not appear and submit the information as sought by the department. Remaining distributor Pharma Traders Morena is owned by proprietor Gopal Gupta petitioner himself, he did not file any document in support of his submission regarding purchase of the Phensedyl Syrup. The search conducted on 19-1-2017 and at that time Gopal Gupta denied that any license is possessed by him, but later on he produced a license dated 15-2-2016 in which proprietor of the firm Global Marketing is his son Ritik Gupta and the competent person to take care of the drugs was Rajesh Gupta who happens to be the co-brother of Gopal Gupta and he denied regarding exis