Rajendra Prasad Vishnu Prasad Gupta vs State Of Gujarat

Gita Gopi, J

This application has been filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with the First Information Report being C.R. No.11208002211180 of 2021 registered with Aji Dam Police Station, Rajkot City for the offences punishable under Sections 8(C) and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1954 (hereinafter referred to in short as ‘the NDPS Act’).

Learned Advocate for the applicant submitted that the police raided the rented premises and seized about 180 Kilos and 960 grams of Royal Vati, ‘Ayurvedic Chocolates’ on the apprehension of certain traces of ‘cannabis’ found in the article. It is submitted that the applicant has been apprehended on the ground that the seized particle would have traces of cannabis. Referring to Schedule E(1) of the Drugs and Cosmetic Rules, 1945 it is submitted that under A. Ayurvedic System, Cannabis sativa Linn. (Except seeds) and under B. Siddha System, ‘Cannabis stiva Linn.’ is permissible. It is further submitted that as per the Affidavit of the Investigating Officer below in the Court, the origin of the Royal Vati, ‘Ayurvedic Chocolates’ can be traced to Shubham Trading and as per the enquiry, Royal Vati, ‘Ayurvedic Chocolates’ through BRL Logistics used to get transported to Rajkot. Referring to the proviso 8 of the Narcotic Drugs and Psychotropic Substances Act, 1985, it is submitted that if cultivation production or sale inter-state or intra-State is for medicinal or scientific purpose then such production, sale, produce, transport would have to be in accordance with the Acts or Rules under the License. It is further submitted that the articles so seized fall under the Drug Lic. No.A-3001/99/2002, Excise Lic. No.6-2000/2001 Trade Mark No.1197288, Mfd. By S. Pharmaceuticals, S.T. 605, T.P. Nagar, Allahabad and the products are valued at Rs.71,400/-. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

Referring to the First Information Report, learned Additional Public Prosecutor submitted that the product has been sent for F.S.L. Examination and the statement of Shubham Jayswal does not support the case of sale of these Ayurvedic medicines in Rajkot nor the statement fortifies the fact it that has been to Rajendra Sharma at Rajkot. The Registration Certificate of M/s. Om Pharma has been produced to submit that the applicant holds no License under the Drugs and Cosmetic Act, 1940. It is further submitted that it is an illegal sale and even the very possession of the article would be illegal and therefore, the N.D.P.S Act is invoked in the matter. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.

Heard learned Advocates on both the sides and perused the material on record. It appears that the investigation could not bring the trace of sale of these medicinal items while the packets seized disclose the License No. and the name of the manufacturer. Whether the possession of the above in the hands of the applicant would be illegal or not would be a matter of evidence to be recorded during the trial. Considering the facts and circumstances of the case, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant.

Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with the First Information Report being C.R. No.11208002211180 of 2021 registered with Aji Dam Police Station, Rajkot City on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

[a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injurious to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave India without prior permission of the concerned trial court;

[e] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the concerned trial court;

The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case.

Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.