IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32598-2025 DECIDED ON: 17.06.2025 PAWAN KUMAR .....PETITIONER VERSUS STATE OF HARYANA .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Ramesh Sharma, Advocate and Mr. Manoj Kumar, Advocate for the petitioner.

SANDEEP MOUDGIL, J (ORAL)

1. Relief sought The jurisdiction of this Court has been invoked under Section

482 of BNSS 2023 for grant of anticipatory bail to the petitioner in case bearing FIR no.36 dated 31.01.2025 u/s 61, 318 (4), 277, 125 of the Bharatiya Nyaya Sanita (BNS), 2023, Section 15 (2) (B) of Indian Medical Council Act, 1956 (lateron offence u/s 15 (3) (B) of Indian Medical Council Act, 1956 added), PS Dabwali Sadar, Police Distt. Dabwali, Distt. Sirsa.

2. Prosecution story setup in the present case as per the version in the FIR as under:-

“On dated 31.1.2025 as per order (verble) from covid surgeon Sirsa, SMO, SDCH Dabwali ordered myself to assist special staff incharge SI Sube Singh and his team as per information from higher authorities regarding selling of Narcotics and banned drugs present in Kamboj Health Care Abubshahar runned by Kashmir Singh and Raj Kumar (father and son). SI Sube Singh his team alongwith found. He following drugs present in the premises of above mentioned person. 1. Tepantadol 100mg 1500 No. Batchno. mentioned No Expiry date mentioned. 2. Tepantadol 100 mg 120 calsidol 100se batch no.RSTA 2412033 Expiry 11/2026. 3. Tepantadol 100 mg (Zapdol 100sr) 22 batch no.NBTA 241105 Expiry 11/2026. 4. Pregablin 300 mg (Signore) 384 Batchno. C- 2407031 Expiry 06/2026. 5. Pregablin 150 mg (calvin 150) 1281 batch no.c-2407031 Expiry 06/2026. 6. Gabapetin 300 mg (sirobest) 300 batch no.APD-A 24008 Expiry 12/2025. 7. Olanzapine 5 mg (relax 5) 1109 batch no.OS-220914 Expiry 08/2024. Kashmir Singh and Raj Kumar asked for valid license for practicing allopathy. They both failed to produce document. As Raj Kumar had BAMS degree but not valid to practice allopathy. So, recommended to book them under IMC Act 15 (1), 15 (2) Section 318 BNS for delivery service to be the parties and also recommended to book them under Drug and Cosmetic Act as per rules. The above mentioned drugs are sealed handed over to the police sd. Dr. Harsimran 31.01.2025. Dr. Harsimran Singh ASMO SOD Dabwali team whom assisted I SI Sube Singh 55/FTB Sd Sube Singh SI. 2.

EASI / HC Vijay Singh DWl Sd Vijay Singh dt. 31.1.2025.”

3. Contention On behalf of the petitioner Learned counsel for the petitioner contends that the petitioner is doing the wholesale business of medicine for the last 10 years having valid GST No.08BLHPK5285Q1Z8 in the name of ‘Pawan Agency’, Hanumangarh Town, Rajasthan and has no concern with the drugs alleged to have been recovered from the shop. He further contends that neither the allegation of selling the said contraband to co-accused persons was established as no recovery of such drug could be effected from the present petitioner. The petitioner is ready and willing to join the investigation and cooperate with the investigation officer concerned, as has been undertaken before this Court by learned counsel for the petitioner.

Notice of motion.

On behalf of the State On the asking of the Court, Ms. Mayuri Lakhanpal Kalia, DAG, Haryana accepts notice on behalf of the respondent-State, who opposes the grant of anticipatory bail to the petitioner on the ground that 2-3 persons used to visit the petitioner’s shop, where illegal sales were being conducted by the petitioner, which is reproduced hereinbelow:-

1. Tepantadol 100mg 1500 No Batch no.mentioned No Expiry date mentioned.

2. Tepantadol 100 mg 120 calsidol 100se batch no.RSTA 2412033 Expiry

11/2026.

3. Tepantadol 100 mg (Zapdol 100sr) 22 batch no.NBTA 241105 Expiry

11/2026.

4. Pregablin 300 mg (Signore) 384 Batch no. C- 2407031 Expiry 06/2026, 5. Pregablin 150 mg (calvin 150) 1281 batch no.c-2407031 Expiry 06/2026. 6. Gabapetin 300 mg (sirobest) 300 batch no.APD-A 24008 Expiry 12/2025. 7. Olanzap