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2025 Supreme(Online)(P&H) 20969

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DR. RAJINDER RAJAN – Appellant
Versus
UNION OF INDIA AND ANOTHER – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of reserved: 28.10.2025.

Date of Pronouncement:13.11.2025 Dr. Rajinder Rajan ...Petitioner.

Versus Union of India and another ...Respondents.

***

CORAM: HON'BLE MRS. JUSTICE SUKHVINDER KAUR .......

Argued by: Mr. Vikram Chaudhari, Sr. Advocate with Ms. Diya Bhagwan, Advocate and Mr. Parminder Singh Sekhon, Sr. Advocate with Mr. R.S. Gill, Advocate for the petitioner.

Mr. Rajiv Sharma, Advocate for respondent-NCB.

Mr. Adesh Pal Singh, AAG, Punjab.

***

SUKHVINDER KAUR , J.

Present petition has been filed under Section 483 of BNSS for grant of regular bail to the petitioner in case Crime No.14 dated 01.05.2025, under Sections 8, 22, 29 of NDPS Act, registered at Police Station Narcotics Control Bureau, Amritsar Zonal Unit, District Amritsar.

As per prosecution case, on 01.05.2025, the officers of Narcotics Control Bureau, Amritsar Zonal Unit recovered 31900 tablets of Tramadol from Ballista Pharmaceuticals, SCF-6, Jawala Estate, Haripura Road, Amritsar. A crime case bearing NCB Crime No. 14 dated 01.05.2025, under Section 8, 22 of NDPS Act, 1985 was registered against Amit Bhandari. During following of said case NCB conducted raid at Corporate Medicos, Inside Corporate Hospital, Amritsar and recovered 2000 tablets of Tramadol and arrested Dr. Rajinder Rajan on 02.05.2025 and also arrested Dr. Jatinder Malhotra on 03.05.2025. Another team of NCB Amritsar raided at Life Kare Medicare Inside Life Kare Hospital, Nirankari Colony, Fatehgarh Churian Road, Amritsar on 02.05.2025 and recovered 472 Tablets of Tramadol but the accused person Parveen Kumar, who is proprietor of the said firm Life Kare Medicare went absconding from the raided place.

Learned counsel for the petitioner contended that the petitioner is a renowned Orthopaedician and joint replacement surgeon, who is practicing for the last 25 years. 2000 tablets of Taricon-P (Tramadol) allegedly recovered from the Corporate Medicos (Indoor Pharmacy) was for providing treatment to the admitted patients in the hospital and were never purchased by the petitioner for further sale to drug addicts. The said tablets are required by chronic kidney patients, as a pain killer tablet and these were never used as intoxicant. Co-accused of petitioner namely, Dr. Jatinder Malhotra wrote a letter dated 19.04.2025 to the Ballista Pharmaceuticals for supplying 20 packs (strips) each containing 10 tablets and demand letter was for 200 tablets. Inadvertently, the manufacturer Ballista Pharmaceuticals mistakenly sent 2000 tablets vide bill dated 21.04.2025, which were delivered at the hospital of the petitioner. On noticing, said error that 2000 tablets had been wrongly delivered instead of 200 tablets the delivered box was never opened and not even a single tablet was used. Each tablet making Tricon-P has composition containing 325 mg of Paracetamol and 37.5 mg of Tramadol in each tablet and these tablets can not be used for the intoxication and are used for the pain suppression. He further contended that the petitioner had no mala fide intention and he has been falsely implicated in the present case. The conclusion of trial of the case will take considerable time. No useful purpose would be served by detaining the petitioner in further custody. Learned counsel, therefore, prayed that the petitioner be granted concession of regular bail.

Per contra, learned State counsel as well as learned Public Prosecutor for the respondent-NCB opposed the present petition and submitted that 2000 tablets of Tricon-P Tramadol (oral), which falls within the 'commercial quantity' were recovered from drug store situated in Corporate Hospital, Amritsar without any valid licence for the same. As it pertains to 'commercial quantity' it attracts Section 37 of the NDPS Act and as such he is not entitled to the concession of bail.

Heard.

As per prosecution version 2000 tablets of Taricon-P Tramadol (oral) packed in a box were recovered from the Corporate Medicos, Indoor Pharmac

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