IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 12^th DAY OF JULY, 2022 BEFORE HON’BLE MR. JUSTICE VIVEK SINGH THAKUR CRIMINAL MISC. PETITION (MAIN) No. 469 OF 2022 BETWEEN:-

PARMA NAND PANDEY, AGED 42 YEARS, SON OF SHRI BINDESHWAR PANDE, R/O GINGA, POST OFFICER MAHESHERA, TEHSIL AND DISTRICT HAZARI BAGH, JHARKHAND.

PETITIONER (BY MR. ANAND SHARMA SENIOR ADVOCATE WITH MR. Y.P. SOOD AND MR. KARAN SHARMA, ADVOCATES)

AND STATE OF HIMACHAL PRADESH RESPONDENT (BY MR. HEMANT VAID ADDITIONAL ADVOCATE GENERAL)

Whether approved for Reporting?

This petition coming on for pronouncement this day, the Court passed the following:

O R D E R

Petitioner has approached this Court, invoking provisions of Section 439 Criminal Procedure Code for enlarging him on bail in case FIR No. 314 of 2021, dated 24.8.2021, registered in Police Station Una, District Una, Himachal Pradesh, under Sections 21,22,29,8(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act) .

2. Status report stands filed. Record was also made available.

3. In the status report, details in which co-accused. Satnam Singh, on the basis of trustworthy information from a reliable informer, was arrested for his involvement in business of prohibited drugs and for recovery of 3600 tablets of Lomotil and 298 tablets of Alprax 0.5.

4. As per prosecution case, on disclosure of Satnam Singh regarding source of obtaining prohibitory drugs recovered from him, Deep Medicos at Delhi was raided where petitioner Parma Nand Pandey was found to be Incharge of the shop looking after the business. During raid 100 tablets of Lomotil and 375 tablets of Alprax were recovered from the shop, but petitioner could not produce any licence/permit or record to justify his entitlement to keep and sell these prohibited drugs recovered from his shop. Batch Number of recovered drugs i.e 03L21029 of Lomotil and GDEB0002 of Alprax, was found same to the Batch Number of tablets of drugs recovered from the house of main accused Satnam Singh. For recovery of aforesaid drugs from the shop being looked after by present petitioner, he was arrested and information in this regard was given to his younger brother Dayanand Pandey.

5. During interrogation, petitioner Parma Nand Pandey disclosed that licence and other records of Deep Medical Store were with the owner of the shop Virender Singh Tokas. Despite making efforts Virender Singh Tokas could not be traced on raiding his house and other places. On inquiry from Drug Controller of Karkar Duma Delhi on 7.9.2021 report was received through e-mail stating therein that as per record available on the official licence Portal of Department, no drug license was issu.ed, retained or renewed to Mr. Deep Medicos at Shop No. 128-S-1 Mohammadpur near R.K. Puram New Delhi, however, as per record available on the Portal, mobile of one Virender Singh Tokas was available but no licence details were uploaded for processing of application for grant or renewal/retention of their licence. It has also come in knowledge that due to fire incident on 5.7.2019, records of the Department including file of the Firm (if any) in subject, has burnt and there is no information, other than uploaded, on the official website of the Department was available and therefore, genuineness of the licence of Deep Medicos could not be ascertained or verified.

6. During investigation, counsel for the petitioner, in the Sessions Court, Una had produced two bills dated 19.7.2021, 25.8.2021 and invoice dated 19.7.2021 with respect to purchasing of Lomotil and Alprax from ‘Rama Farma’ and ‘Ronak Enterprises’ and ‘R.N. Distributors of Delhi’ for ‘Deep Medicos’. Out of these documents, only one bill dated 25.8.2021 of Ronak Enterprises contains the detail of Alprax Tablets having Batch Number GDEB0002 matching with Batch Number of Alprax recovered from house of Satnam Singh.

7. As per prosecution case Virender Singh Tokas, owner of Deep Medicos could not be traced and, therefore, Non Bailable Warrant was