IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on

:21.04.2022

Pronounced on :26.04.2022

CORAM:

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN

Crl.O.P.No.6456 of 2022

Shri.Syed Shirajuddin Badsha

.. Petitioner/Accused

/versus/

State/Central

Rep by:

The Superintendent of Customs,

RSI-AIR New Customs House,

Meenambakkam, Chennai-27.

.. Respondent/Complainant

Criminal Original Petition has been filed under Section 439 of

Cr.P.C., praying to enlarge the petitioner on bail in C.C.No.168 of

2021 pending trial before the Special Judge, I Additional Special

Court for exclusive Trial of Cases under NDPS Act, Chennai.

For Petitioner : Mr.R.C.Paul Kanagaraj

For Respondent : Mr.N.P.Kumar,

Special Public Prosecutor for

NCB Cases

------

ORDER

The petitioner, who was arrested and remanded into judicial

custody on 11.09.2020 for the alleged offences punishable under

Sections 22(C), 23, 28, 29 of NDPS Act in R.R.No.47 of 2020 on the

file of the respondent police, seeks bail.

2.The case of the petitioner herein is that he is running a

wholesale Pharmacy in the style of M/s Skies Health Care at Chennai

with valid drug license required for the business. He used to send

drugs to his customers living abroad through Indian Postal Department

and they are genuine buyers of the drugs required for their ailments.

https://hcservices.ecourts.gov.in/hcservices/

The drugs thus sold fall under Schedule H drugs and not prohibited

drugs under any of the provisions of law in force. While so, on

04/09/2020 the Customs Officials on suspicion scanned 23 parcels sent

by the petitioner to his customers Abroad and found that they contain

medicines and no 'NOC' accompanies with it. Hence, they were returned

to the Postal Department with instruction to detain the parcels for

the sender (petitioner herein) to produce the 'NOC' from Drug Control

Department (in short “CDSCO”). For the same reasons, on 07/09/2020 ,

10/09/2020 and 14/09/2020 the Customs Department detained 211 parcels,

14 parcels and 5 parcels respectively sent by the petitioner.

3.The Officers of Customs Department on 04/09/2020, examined the

23 parcels bearing numbers 212 to 234 and they found Clonazepam – 1 MG

(10 strips x 10 tablets) Totally 100 tablets weighing 11 grams in

parcel number 230.

4.On 07/09/2020 the examination of 211 parcels (Mails Number A-1

to 99, A-100 to 199 and A 200 to 211) they found :-

(a)Zolpidem Tartarate 10 – 600 tablets.( 10 strips x 15 tablets x

4 parcels ) in parcels bearing Postal Mail No.A0132, A0133, A0139 and

A0145 . The total weight 126 grams.

(b)Clonazepam 1 MG – 400 tablets ( 10 strips x 10 tablets x 4

parcels) in parcels bearing Postal Mail No.A0137, A0141, A0143 and

A0144. The total weight 44 grams.

(c)Methyl Phenidate Hydrochloride 10 MG – 1800 tablets ( 18

strips x 10 tablets x 10 parcels) in parcels No.A0147 to A0156. The

total weight 288 grams.

5.On 10/09/2020, 14 unregistered parcels sent by the petitioner

to foreign countries were detained and scanned. They were found to be

medicines but not accompanied with NOC. Hence, on suspicion, the

parcels were examined and found to contain Methyl Phenidate

Hydrochloride 10 MG – 180 tablets (18 strips x10 tablets). In parcel,

No.239 and Methyl Phenidate Hydrochloride 10 MG – 180 tablets (18

strips x10 tablets) in parcel No.A248. Totally, 360 tablets weighing

57.60 grams. These tablets were sent by the petitioner to his customer

by name Craig Lawry at 1523, Pinebay Drive, Sarasota, FL, 34231, USA.

6.On 14/09/2020, 5 unregistered parcels sent by the petitioner to

his foreign buyers were detained and scanned. On reasonable suspicion,

they were examined and found to contain Methyl Phenidate Hydrochloride

10 MG – 180 tablets (18 strips x10 tablets) total weight 28.80 grams.

These tablets were sent by the petitioner to his customer by name

Craig Lawry, 1523, Pinebay Drive, Sarasota, FL, 34231, USA.

https://hcservices.ecourts.gov.in/hcservi