IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 8^th DAY OF AUGUST, 2022 BEFORE HON’BLE MR. JUSTICE VIVEK SINGH THA.KUR CRIMINAL MISC. PETITION (MAIN) No.478 OF 2022 Between MOHNISH MOHAN AGED 52 YEARS S/O LATE SHRI MADAN MOHAN MALVIA R/O HOUSE NO.130/2, WARD NO.10 DEVINAGAR, TEHSIL PAONTA SAHIB DISTRICT SIRMAUR, r HIMACHAL PRADESH …..PETITIONER (BY SHRI AJAY KOCHHAR, ADVOCATE)

AND C STATE OF HIMACHAL PRADESH ….RESPONDENT (BY SHRI HEMANT VAID, ADDITIONAL ADVOCATE gGENERAL)

Whether approved for reporting?

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

O R D E R Petitioner, invoking Section 439 of the Code of Criminal Procedure (for short ‘Cr.P.C.’), has approached this Court for grant of bail in case FIR No.66 of 2021, dated 30.5.2021, registered, under Section 22 read with Section 8 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’), and Sections 420, 468, 471, 120B of the …2…

Indian Penal Code (for short ‘IPC’), in Police Station Paonta Sahib, District Sirmour, Himachal Pradesh.

2. Status Reports have been filed on various dates, indicating the progress in the investigation.H Main Challan has been presented in the Court on 18.2.2022 and investigation against other accused is in progress and supplementary Challan against them would be filed in Court on completion of investigation by the Investigating Agency. Record was also made available.

3. Prosecution case is that on 18.5.2021, Punjab Police from Police Station Mattewal, District Amritsar (Punjab), seized huge quantity of prohibited Tramadol Tablets manufactured by Unique Formulations Company, situated in Paonta Sahib, resulting into registration of FIR No.51 of 2021, dated g18.5.2021, under Sections 22 and 29 of the NDPS Act, in Police iStation Mattewal. For further investigation, Punjab Police, on

27.5.2021, approached Himachal Police in Police Station Paonta Sahib and in pursuance thereto, for maintaining law and order, Himachal Police officials were deputed with Punjab Police, as recorded in Rapat Nos.29, 51, 54 & 57, dated 27.5.2021 in Police Station Paonta Sahib. Punjab Police returned after completing the investigation on their part.

4. It is further case of prosecution that on 29.5.2021, Incharge of Police Station received a reliable information from trustworthy informer that Unique Formulations manufactures …3…

drugs related to prohibited salt Tramadol, and in documents, though only petitioner Mohnish Mohan is the owner but there are other persons behind it, who are financing the company and marketing its product and this companyH, under conspiracy, on the wrappers of drug related to Tramadol has printed as ‘Marketed by PB Pharmaceuticals’, Raj Tower, Third Floor, Hauz Khas, New Delhi, but no such Marketing Company is in existence. On receiving this information, Incharge of Police Station, on 29.5.2021 to verify the fact sent an e-mail to Incharge Police Station Hauz Khas, New Delhi, wherefrom, on 30.5.2021, it was informed that no such Company was found at the address given. On the basis of information supplied by informer, preliminary inquiry and report received from Police Station Hauz Khas, it appeared that the owners of Unique gFormulations had printed name and address of non-existing ‘PB iPharmaceuticals’ Marketing Company with intention to supply drug related to Tramadol through illegal Company, shops and persons etc. in illegal manner, and violation of Notification dated 11.2.2020, enforceable w.e.f. 1.3.2021 was also found and, therefore, FIR No.66 of 2021, under Section 22 read with Section 8 of the NDPS Act and Sections 420, 468, 471, 120B IPC, was registered in Police Station Paonta Sahib against the owner/owners of Unique Formulations.

5. After registration of FIR, premises of Unique Formulations were raided, wherefrom 1050 Tablets of Tramadol …4…

Hydrochloride, kept in three boxes, were taken in possession. Thereafter, 30 Drums (containers) of Tramadol Raw Material, which were seized by Dr