O R D E R

Petitioners in these petitions are husband and wife, who are partners in a Firm namely M/s Orison Pharma International (in short ‘Firm’), having manufacturing unit in Village Khari, Mauza Ogli, Kala Amb, District Sirmour, H.P. They have approached this Court by invoking provisions of Section 438 of the Code of Criminal Procedure (in short ‘Cr.P.C.’), seeking anticipatory bail in case FIR No. 52 of 2021, dated 2.6.2021, registered in Police Station Kala Amb, District Sirmour, H.P. under Sections 22 and 29 of Narcotics and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) and Sections 420, 467, 468, 571 and 120B of the Indian Penal Code (for short ‘IPC’).

2. For adjudication of these petitions, common question of fact and law are involved, therefore, these petitions are being decided by passing a common order.

3. Status reports, disclosing the progress in the investigation, have been filed on various dates. Petitioners are on anticipatory bail granted by co-

ordinate Bench of this Court vide order dated 4.6.2021.

4. Prosecution case in brief is that a huge quantity of Celcidal 100 SR Tablets containing Tramadol HCL (herein after to be referred as Tablets), was recovered and seized by Punjab Police of Ajnala with printed inscription on these Tablets ‘M/s Orison Pharma International’ as manufacturer and marketed by ‘M/s P.P. Pharma A-1 Park Plaza, Bandra East, Mumbai’ and ‘New Care Healthcare Shop No.103, Near Namaste Circle Sahibabagh Ahmedabad-380001’, whereupon Ajnala Police had approached Police Station, Kala Amb for visiting the premises of the Firm of the petitioners to carry out further investigation. During this process, Officer-in-Incharge of Police Station, Kala Amb also came to know issuing of a Show Cause Notice to the Firm by Assistant Drug Controller, Nahan to stop production and seizure of Tablets from manufacturing unit under the provisions of Drugs and Cosmetics Act, 1940 and it has come in to the notice of Police that aforesaid Tablets, containing Tramadol were found to be marketed through ‘M/s P.P. Pharma’ and ‘New Care Healthcare’, referred supra, but on further inquiry Police received information from Police Station Madhavpura, District Ahmadabad, Gujarat revealing that Firm namely New Care Healthcare does not exist at the given address. Police also received telephonic information from the concerned Police Station that Firm namely M/s P.P. Pharma also does not exit at the given address. On receiving aforesaid information, FIR No. 52, dated 2.6.2021 was registered in Police Station Kala Amb and Tablets seized by the Drug Inspector on 30.5.2021 were also taken in possession and seized by the Police. Thereafter petitioners approached this High Court seeking anticipatory bail and on 4.6.2021, they have been enlarged on interim bail by a Co-ordinate Bench of this Court.

5. As per status report, in the year 2016-17 petitioners Firm had purchased 650 Kilograms of Tramadol material, whereas in the year 2021, 8545 Kilograms Tramadol was purchased by the Firm and the Firm had sold medicines containing salt of Tramadol to 27 Firms out of that licence of M/s Goyal Brothers of Barailly was revoked/cancelled by concerned authority in February 2021whereas Tablets containing Tramadol have been found to be sold by Firm of petitioners after that.

6. As per status report, petitioners could not produce any agreement with New Care Healthcare and P.P. Pharma, as required under law/instructions in view of Rule 84(D) incorporated in the Act through Drugs and Cosmetics (Amendment) Rules, 2020. Further that license issued to M/s Goyal Brothers, Barailly had been cancelled by Local Drug Department on 26.2.2021 and thereafter this Firm was not having the requisite licence to purchase Tablets containing Tramadol, which have been sold by the Firm of petitioners to the said Firm. It has been stated that further investigation with respect to M/s Garg Drugs is yet to be carried out and facts are to be verified by visiting Bihar wh