CASE TITLE:
Amal Das Vs State Of Assam
DATE OF ORDER:
06TH MAY,2022
JUDGE(S):
Hon’ble Justice Sanjay Kumar Medhi
PARTIES:
PETITIONERS: AMAL DAS
RESPONDENT: STATE OF ASSAM
IMPORTANT PROVISIONS
Section 21(c) / 29 of the NDPS Act, 1985
SUBJECT
The Gauhati High Court recently denied anticipatory bail to a person in connection with a case filed under Section 21(c) / 29 of the NDPS Act, 1985, ruling that the recovery or seizure of contraband is not required for their arrest, detention, or even conviction.
BRIEF FACTS
- The petitioner had applied for pre-arrest bail under Section 438 CrPC in connection with a case registered under Section 21(c) / 29 of the NDPS Act.
- The petitioner's case is that the allegations in the FIR are false, despite the fact that a truck was intercepted and Eskuf cough syrup in 44,160 bottles in 276 cartons was recovered without any documents during the search.
- The petitioner's case is that the psychotropic substance seized was sold by the petitioner's agency to a distributor in the Karimganj district.
- The petitioner's additional case is that Anirudh Kumar Singh was the owner of M/s. Hematech Pharmaceuticals in Narangi.
- The said Anirudh Kumar Singh had requested that the current petitioner, who was running another drug distributorship in the name of ANM Pharmaceuticals, run his distributorship and had accordingly executed a Power of Attorney dated 21.01.2021 in favour of the petitioner, on the strength of which the petitioner is running the business of M/s. Hematech Pharmaceuticals.
- The Court, in an order dated 07 July 2021, observed that there was a question as to whether the GST invoices were manufactured or genuine and directed the Investigating Officer to file a report.
- However, in the meantime, the petitioner was granted an interim order.
ADVANCED ARGUMENT BY THE PETITIONER
The petitioner's main point was that subsequent generation of bills can only be violation of the GST Act and cannot be a violation of the NDPS Act. Petitioners also contended that, despite the fact that the articles are psychotropic substances, they fall under the exception of Section 8(c) of the Act, and transportation of the same with necessary documents is permitted under Rule 67(4) of the NDPS Rules.
ADVANCED ARGUMENT BY THE RESPONDENT
The State's Additional Public Prosecutor argued that from the beginning of the movement of the consignment, which admittedly is a psychotropic substance under the NDPS Act because the cough syrup contains a substance called Codeine, there are anomalies/illegalities at various stages, including GST invoices, and thus the current case may not be a fit case to continue with the interim protection granted to the petitioner.
ANALYSIS BY THE COURT
- In the current order, the Court noted that on the last date of hearing, an updated Case Diary was produced, which included statements from Shri Arup Kanti Ghosh, the proprietor of M/s. Nalini Drugs Distributor, as well as a note from the IO, who had visited the location.
- It was noted that the proprietor specifically stated that no consignment of the current nature was ever made and that all medicines for the Pharmacy are collected from local stockists and that no medicines were procured from outside the Barrack Valley on any occasion. The proprietor has also suspected some wrongdoing in relation to the licence.
CONCLUSION
The Court directed the IO of the case to make all reasonable efforts to investigate the case so that the persons involved in the heinous offence involved in the NDPS Act could be prosecuted strictly in accordance with the law. Given the purpose of the Act, which is to combat the menace of drugs and their negative effects on society, which has the potential to destroy the generation as a whole, it was determined that no case for anticipatory bail was made out. The Court also clarified that the observations made are preliminary in nature and shall not prejudice either of the trial parties. Given the preceding discussion, the bail application
Learn the practical aspects of CrPC HERE, CPC HERE, IPC HERE, Evidence Act HERE, Family Laws HERE, DV Act HERE
Click here to download the original copy of the judgement
