O R D E R

This Criminal Original Petition has been filed to release the petitioner on bail relating to NCB F.No.48/1/18/2023-NCB/MDS on the file of the respondent Intelligence Officer, NCB, Chennai.

2.The case of the prosecution is that on 16.10.2023 at about 11.00 hours an Intelligent Officer NCB, Chennai received reliable information that a parcel booked under tracking No.H39185868 with sender address as Sargas Life Sciences Pvt. Ltd., Plot No.78/79, 2nd Floor, Sikh Road, Secunderabad – 9 and receiver address as Subash, Green Pharma Private Limited, 3H/142, Kamarajar Street, Nazarathpettai, Chennai – 600 123, by way of courier at M/s.DTDC Courier, Sriperumbudur, Chennai and suspected to be containing suspicious drug and requested to take action and accordingly, they reached the courier office along with the witnesses and examined the parcel. At that time, they seized medium sized brown carton box mentioned as 'Zenomed Health Care Pvt. Ltd' pasted with sender's address as 'Sargas Life Sciences Pvt. Ltd., Plot No.78/79, 2nd Floor, Sikh Road, Secunderabad – 9' and receiver address as Subash, Green Pharma Private Limited, 3H/142, Kamarajar Street, Nazarathpettai, Chennai – 600 123, and found 3.150 kgs parcel box and found that numerous small white and orange coloured carton boxes mentioned as NRx Tramadol Hydrochloride & Acetaminophen tablets sensotram. On counting, it was found in 25 Nos. in total. On checking all the 24 boxes found to be containing the same kind of 10 strips of tablets in each box and each strip having 15 tablets of Tramadol Hydrochloride & Acetaminophen. Total number of tablets in one box is 150. Therefore, the total tablets comes to 3750. Hence, the case.

3.The learned counsel for the petitioner would contended that the respondent Police have registered a false case against the petitioner for the offences under Section 8(c) r/w 22(c), 28 and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985, and he was arrested and remanded to judicial custody on 20.10.2023. In fact, the petitioner is the Managing Director of the company viz., M/s.Sargas Life Sciences Pvt. Ltd., Plot No.78/79, 2nd Floor, Sikh Road, Secunderabad – 9, Hyderabad, Telangana. The said company has a license under the provisions of Drugs and Cosmetics Act, 1940, to sell the medicines as a wholesale seller. The company is entitled to stock, keep in possession medicines which fall under the Schedule to the Drugs and Cosmetics Act, 1940. The respondent Department alleged to have recovered certain tablets alleging to be NRx Tramadol Hydrochloride & Acetaminophen tablets sensotram from M/s.DTDC courier near Sriperumbudur. The allegation of the respondent Department appears to be that the petitioner has sent the drugs to the company who has no license to deal with the drugs and cosmetics under Drugs and Cosmetics Act, 1940 and NDPS Act.

4.The petitioner is the bonafide dealer in pharma drugs is not in dispute. Under the license he is entitled to deal with all the medicines mentioned in the Schedule to the Drugs and Cosmetics Act, 1940. The petitioner has purchased the medicine with proprietary name SENSOTRAM. This pharma product has ingredients of Tramadol hydrochloride and acetaminophen in a certain ratio. This medicine is prescribed to relieve pains with acute pain on account of various causes. It is only the retailer when he dispenses with the medicine must insist upon prescription from a Registered Medical Practitioner before giving medicine to intended patient as per the advice of the Doctor. The petitioner purchases the tablets to sell them wholesale from an accredited securing agent namely Galaxy Lifesciences, Puducherry and manufacturer of the drug being ZenoMed Healthcare Private Limited, Villupuram, who are licensed to manufacture this sensotram and other pharmaceutical drugs. The petitioner received mail from Green Signal Pharma Pvt. Ltd, and also mentioned the license number and GST Number of the above said company and further they