BAIL APPLN. 1029/2019 Page 1 of 22

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL.APPL. No.1029/2019

Judgment reserved on :18.11.2019

Date of decision :28.01.2020

ARVIND KUMAR

.....Applicant

Through:

Mr.

Sudarshan

Rajan,

Advocate.

versus

THE STATE THROUGH THE INSPECTOR, CENTRAL BUREAU

OF NARCOTICS

..... Respondent

Through:

Mr.SatishAggarwala, SSC with

Mr. Gagan Vaswani, Advocate.

Insp. RadheyShyam, ATO/

Narela.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

JUDGMENT

ANU MALHOTRA, J.

1.

The applicant Arvind Kumar seeks the grant of bail in terms of

Section 439 of the Cr.P.C., 1973 in Sessions Case No.374/2018 in

relation to the alleged commission of the offences punishable under

Sections 8, 21, 22 and 29 of the NDPS Act, 1985 with it having been

alleged that for the entire quantity of seized narcotics and psychotropic

substances, Harish Chander, proprietor of M/s Shiv Medicos and the

present applicant, proprietor of M/s City Enterprises had not followed

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BAIL APPLN. 1029/2019 Page 2 of 22

the mandated provisions of Rule 65 of the Drugs and Cosmetics Rules,

1945.

2.

Notice of the petition was issued to the Central Bureau of

Narcotics i.e. the respondent and both the applicant and the respondent

have addressedtheir submissions qua the prayer made by the

petitioner. Reply to the petition has been filed by the respondent.

Written submissions on behalf of either side have also been submitted,

perused and considered.

3.

The allegations that have been made in the Sessions Case

No.374/2018 filed by the respondent are to the effect that an

information had been received that a person named Harish Chander

proprietor of M/s Shiv Medicos (the co-accused presently in judicial

custody) at 1706/8, First Floor, Milap Bhawan, Bhagirath Palace,

Delhi-06 was selling narcotics and psychotropic medicines illegally at

his shop and on search of his shop being conducted, the narcotics and

psychotropic medicines were recovered in a huge quantity as detailed

in the complaint.

4.

The said co-accused Harish Chander as per the complaint was

not able to produce any purchase or sale documents for these narcotics

and psychotropic medicines which were thus seized under Rule 65 of

the Drugs and Cosmetics Rules, 1945 for violation of Rule 65A of the

NDPS Act, 1985. The medicines so seized, were to the effect:-

“i. Alprazolam-2,06,125 tablets

ii. Pentazocine inj. - 3,194 ampules

iii. Nitrazepam tablet -20,400 tablets.

iv. Tramadol- 1,28,880 tablets & capsules

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v. Diazepam- 1,400 tablets.

vi. Diazepam inj. - 380 ampules.

vii. Lorazepam-31260 tablets.

viii. Chlordiazepoxide - 7,800 tablets.

ix. Clonazepam-3,190 tablets.

x. Zolpidem- 300 tablets.

xi. Buprenorphine inj.- 6,050 ampules.

xii. Codeine Phosphate Syrup (100ml)- 9,237 bottles.”,

and samples were stated to have been drawn from the medicines

seized from Sh. Harish Chander, proprietor of M/s Shiv Medicos.

5.

During the course of the investigation conducted, the call

details record of the co-accused Harish Chander seized from

mobile numbers 8368673642 and 9871157024 were obtained from

the concerned Nodal Officer and it was found in the CDRs of

mobile number 8368673642 that there were frequent calls that

had been made with mobile number 9728259445, which was

registered in the name of Arvind Taluja, r/o Sonipat Haryana i.e.

the present petitioner.

6.

As per the complaint filed in Court on the basis of the statement

of the accused Harish Chander and the report received from M/s

Hariwin Pharma through M/s Laborate Pharmaceuticals, it came to

notice that the mobile number 9728259445 mentioned in the b