IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE ON THE 23^rd OF SEPTEMBER, 2025 MISC. CRIMINAL CASE No. 7012 of 2022 SOURABH JAIN Versus THE CENTRAL NARCOTIES BUREAU Appearance:

Shri Sankalp Sharma - Advocate for the petitioner.

Shri Praveen Niwaskar appearing on behalf of Deputy Solicitor General.

ORDER The petitioner has preferred the present petition under Section 482 of the Code of Criminal Procedure, 1973 / Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashment of the order dated 4.10.2021 passed by Special Judge, NDPS Gwalior in Case No.SC/NDPS-17/2019 b y which the application under section 91 of Cr.P.C. for calling the mobile call record as well as the location of PW.1 V.S. Kumar has been dismissed.

2. At the outset learned counsel for the petitioner prays for withdrawal of the petition with regard to call the mobile record with liberty to raise the grievances at the appropriate stage before appropriate forum.

3. Prayer is accepted.

4. The petitioner shall be at liberty to raise the grievance with regard to call the mobile record at the appropriate stage before appropriate forum.

5. The petition is heard with regard to dismissal of the application under section 91 of Cr.P.C. moved by the petitioner praying for calling the test report of samples S-1 and S-3 sent to Central Revenue Laboratory, New Delhi.

6. As per the prosecution story on 05.12.2018 information was received that a person at around 12.15 p.m. is going to transport some contraband items from Anand Nagar Chauraha. As per the information the Narcotics authorities reached the place of incident. At the place of the incident V.S. Kumar was also present along with the rest of the authorities, further where it was found that a person on a white activa and an auto rickshaw was arriving. The police authority stopped the activa and auto rickshaw driver and inspected the said vehicles. No contraband items were recovered from the petitioner's activa but while inspecting the auto rickshaw eight cartoons were recovered and it was found that cartoons contains 1020, 100ml bottles of cough syrup containing Codine. The said cartons belonged to the petitioner, the petitioner was asked about the documents for transportation and possession of the seized drugs, to which the petitioner failed to provide any such documents. The petitioner and the auto rickshaw driver were taken to Narcotics Commissioner's Office Gwalior, and the statements of the petitioner and the auto rickshaw driver were recorded under section 67 of NDPS Act. The petitioner admitted the fact that he was engaged in the illegal business of Codine cough syrup as a result of which the petitioner was arrested under section 8 and 21 of NDPS Act, 1985. Further, the report was submitted to the Superintendent, V.S. Kumar and as per his directions, an FIR bearing No. 2/2018 was registered against the present petitioner.

7. It is submitted by learned counsel for the petitioner that during investigation after the statements of petitioner and other witnesses were recorded under section 67 of NDPS Act, the drug confiscated was sent for examination. Also, notices were issued to the manufacturing company, Biogenetic Drugs Pvt. Ltd and marketing firm, Wockhardt to get the information about the said seized drugs. It is submitted by learned counsel for the petitioner that the Medical Store named Swastik Pharma of the petitioner was searched but no illegal substance was found there. Further, his last 6 months bank statement was also summoned from the Canara Bank and call records details were also called from the Airtel Telecom. No information related to the person from whom the petitioner received such contraband substances was found, similarly no information was received of the person to whom the said contraband items were to be delivered and the investigation with respect to them was closed by the investigating authority. Learned counsel for the petitioner further