Simerjit Kaur @ Simranjit Kaur and Another vs Directorate of Revenue Intelligence

M.M. Singh Bedi, J.—Petitioner No. 2 is a proprietor of M/s. Bio Media International whereas petitioner No. 1 is working as manufacturing chemist with the firm of petitioner No. 2.

As per notification dated 19.2.2011, on search in the factory of petitioner No. 2, 0.780 kgs. of ketamine and 5.405 kgs of white powder suspected to be ketamine along with 100 vials of ketamine hydrochloride injection I.P. of 10 ml., for veterinary use were recovered which was seized under the provisions of the Narcotic Drugs and Psychotropic Substances Act (for short ''the NDPS Act''). Inderpal Singh having not been able to produce any documentary evidence regarding procurement of raw material i.e., Ketamine filed a application for pre-arrest bail which was declined.

Hon''ble the Apex Court in Criminal Appeal No. 1127 of 2014, titled Inderpal Singh Vs. Directorate of Revenue Intelligence, has been pleased to grant concession of pre-arrest bail to him vide order dated 7.5.2014 on the ground that a licence in form No. 28 of Drugs and Cosmetics Rule for manufacturing above said drug exists.

So far as the petitioners are concerned, they apprehend arrest pursuant to notice issued u/s 67 of NDPS Act requiring them to appear before Senior Intelligence Officer exercising powers u/s 42 of the NDPS Act. Summons u/s 67 of the NDPS Act have been issued to the petitioners. Pursuant to the interim orders, the petitioners have appeared before the Senior Intelligence Officer.

Mr. D.D. Sharma, Advocate, appearing on behalf of Directorate of Revenue Intelligence has contended that the petitioners have not cooperated in the investigation. He has further argued that tampering of the evidence is being done by the petitioners misusing their liberty.

I have heard the learned counsel for the petitioners as well as learned counsel for the respondent and I am of the opinion that the petitioners have approached this Court for grant of pre-arrest bail apprehending arrest pursuant to the summons issued u/s 67 of the NDPS Act to them. They are required to appear before the authority exercising statutory powers and supply information as asked for under the summons dated 31.3.2012. Any person can be examined who is acquainted with the facts and circumstances of the case as per the provisions of Section 67 of NDPS Act. Since the petitioners have already appeared before the competent authority, I deem it appropriate to dispose of this petition with a direction that the petitioners will continue to appear before the competent authority under the NDPS Act pursuant to the notice issued u/s 67 of the NDPS Act. In case the petitioners are to be arrested for any offence under the NDPS Act for the recoveries which have already been effected or on account of any violation of the provisions of the NDPS Act, they will be given a seven days notice in order to enable them to avail the legal remedy available to them in view of the fact that co-accused of the petitioners has already been granted the concession of pre-arrest bail by Hon''ble the Supreme Court in view of petitioner No. 2 being a licence holder for manufacturing the drugs under the Statute.

Counsel for the respondent has submitted that quantity of ketamine has been diverted by petitioner No. 2 in contravention of the provisions of the NDPS Act. It will always be open to the authorities to gather evidence and seek arrest of the petitioners but the protection granted then will remain operative in said circumstances of the case.

This order will not, in any manner, give a liberty to the petitioners to evade any direction for appearance in any enquiry under process in context to the above said allegations.