TaxTMI 
TaxTMI 
2015 (10) TMI 2190
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....rPC but during the course of hearing, the matter was argued on merits only. (2) As per the allegations contained in the FIR, the police party led by Inspector Davinder Kumar was patrolling near T-point, Saddo Majra, District Fatehgarh Sahib. A Qualis vehicle of white colour bearing Regd. No.PB-05-K-7070 came from the side of Village Kotla Bhai, which was stopped at the barrier. It was being driven by a young man who disclosed his name as Davinder Singh @ Happy s/o Baljit Singh. Search was conducted and 8½ kg ephedrine was recovered from a polythene envelope lying in the trunk of the vehicle. Davinder Singh was arrested and during interrogation, some more incriminating material was recovered from him. It was revealed that Davinder ....
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....this second bail application. The main plea taken by him is that since no chargesheet was filed within 90 days of his arrest, he is entitled to be released on bail on the parity of Hrang Tin Khara to whom a learned Single Judge of this Court granted statutory bail in identical circumstances vide order dated 12.06.2014 passed in CRM-M-13049-2014. However, as mentioned in the opening paragraph of this order, the matter was primarily argued on merits. (6) To appreciate the prosecution case against the petitioner, a brief reference to the allegations made against him in the charge-sheet filed under Section 173 CrPC may be made. It is alleged that after the petitioner's name surfaced in the statements made by Suresh Kumar (Manager) and Dev Ra....
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....to be released on bail on following grounds:- (i) The tablets COLDSET recovered from the factory premises of the petitioner is not an illicit or illegal product. The Drug Licensing Authority, Solan vide licence dated 05.01.2011 (P3 colly) has expressly permitted the petitioner's unit (Patli Dabur Health Care) to manufacture tablet COLDSET with the following composition:- (a) triprolidine hydrochloride - 2.5 mg (b) pseudoephedrine hydrochloride - 60mg (c) approved colour used The aforesaid permit also authorizes the petitioner's unit to market the said product; (ii) The pharmaceutical unit of the petitioner has been granted licence in Form-A by the Narcotics Control Bureau on 19.11.2013 (....
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....e proprietor of M/s T.T.D.L. PHARMA of Bhajan Pura, Delhi to the effect that the invoice No.0202 dated 16.11.2013 of Patli Dabur Health Care sent at the address of his firm is totally fake and forged. To the same effect, is the statement of one Parveen Kumar s/o Bhana Ram r/o Singhpura, Tehsil Safidon, District Jind. On this premise, it was vehemently contended that the petitioner has misused the licence granted for dealing with controlled substances and is thus guilty of an offence under Section 9-A of the NDPS Act. (9) Having given our thoughtful consideration to the rival submissions for the limited purpose of grant of bail, we have no reason to doubt that out of the three accusations attributed to the petitioner, at least two are leg....
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....ity if a medical shop is opened in a residential area but it may not be so good for establishing an industrial unit. (12) If the petitioner manoeuvred and forged the records showing fake supplies to non-existent medical shops/firms, a prima facie case under Section 9-A would be made out. But if such supplies were genuine irrespective of the area where such units are located, for which he has no concern, it is impossible to attract the rigors of Section 37(1)(b)(ii) of the NDPS Act. (13) Knowing the gravity of the offences alleged to have been committed by the drug-mafia within and outside the State of Punjab in an organized manner, it appears appropriate to direct the Supervisory-cum-Special Investigating Team constituted by this Cour....