Punjab-Haryana High Court
Shishu Pal vs State Of Punjab on 7 November, 2024
Neutral Citation No:=2024:PHHC:145315
CRM-M-48099-2024 -1-
291
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-48099-2024
Date of Decision:- 07.11.2024
Shishu Pal ...Petitioner
Vs.
State of Punjab ...Respondent
CORAM:-HON'BLE MRS. JUSTICE AMARJOT BHATTI
Present:- Mr. Preetinder Singh Ahluwalia, Advocate and
Mr. R.S. Aulakh, Advocate
for the petitioner.
Mr. Gautam Thapar, AAG, Punjab.
****
AMARJOT BHATTI, J.
1. Petitioner - Shishu Pal has filed petition under Section 483 of
Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in FIR
No. 325 dated 30.06.2024 (Annexure P/1), under Sections 188, 420, 120-B
of IPC (offence under Sections 467, 468, 471 IPC were added later on),
registered at Police Station City Barnala, District Barnala.
2. As per the facts of case, on 30.06.2024 ASI Ranjit Singh and
police party was on routine patrolling when at about 01:30 PM, he received
secret information regarding accused Shishu Pal and others detailed in FIR
that they were indulging in manufacturing of fake medicines besides
manufacturing of licensed medicines such as Pregabalin-300 MG, which
was prohibited medicine in District Barnala without Government's
approval and they were also making some other illegal medicines and
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selling the same without bills, thus causing heavy financial loss to
Government. It was further informed that on that day they were loading
illegal medicines in large quantity in Mahindra Pickup bearing registration
No. PB-65-AZ-9437 and if raid is conducted in premises of Alzan
Pharmaceuticals Private Limited, Naiwala Road, Barnala, then huge
recovery could be effected. On the basis of this information, rukka was sent
to police station for registration of FIR. Drug Control Officer, District
Barnala was apprised about the facts and circumstances of case with
request to reach on the spot. Thereafter, raid was conducted. One Mahindra
Pickup vehicle loaded with medicines was parked near main gate of
factory. One person was standing nearby who disclosed his name as
Sukhraj Singh. On seeing police party, three persons came namely Shishu
Pal, Dinesh Bansal and Lovekush Yadav. They were made aware about the
facts of case and were arrested. Investigation was carried out on the spot.
Smt. Navjot Kaur, ZLA (Zonal Licensing Authority), Sangrur Zone
alongwith her team also reached on the spot. DVRs installed in factory
premises were taken into police custody. Drug team had taken over said
Mahindra Pickup vehicle loaded with medicines and from inside the
factory, 95060 capsule of Pregabalin-300 MG and other material were
recovered and taken into possession as per rules. Value of medicines
recovered was of ₹1.16 crore. It was revealed that forged rubber stamps
with forged batch numbers affixed on medicines were taken into police
possession. Firm making Pregabalin capsule is registered at Kandwal
Lodhwan Road, Tehsil Nurpur, Kangra, Himachal Pradesh, whereas, said
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capsules were being manufactured in a concealed manner in the firm at
Naiwala Road, Barnala. Drugs Control Officer, Barnala undertook separate
proceedings and case property was taken over by them. Investigation was
completed and thereafter, challan is also presented in Court.
3. Learned counsel for petitioner argued that for the sake of
arguments even if allegations of prosecution are considered, it is a case of
offence falling under Section 18(c) of Drugs and Cosmetics Act, 1940.
Office of Drugs and Control Officer, Barnala has already initiated
proceedings and notice is already received, which is Annexure P-2. In-fact,
petitioner is being prosecuted under two separate sets of proceedings i.e.
proceedings initiated under Drugs and Cosmetics Act and other
proceedings initiated in aforesaid FIR. Learned counsel for petitioner
referred to the provisions of Section 32 of the Drugs and Cosmetics Act,
1940, making it clear that there is a specific bar on registration of FIR for
the offence punishable under Drugs and Cosmetics Act, 1940. Learned
counsel for petitioner has referred to the judgment of Coordinate Bench
passed in CRM-M-9125 of 2021 titled "Vineet Bhagat Vs. State of
Haryana and anr." with connected case, decided on 17.02.2023, where in
a similar situation, FIR registered for the offence falling within the purview
of Drugs and Cosmetics Act, 1940 was quashed. On this point, he has
relied upon other judgments also. It is argued that present petitioner is
behind the bars since 30.06.2024. He is ready to abide by the terms of bail
order. Therefore, regular bail petition filed by petitioner may be allowed.
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4. On the other hand, learned counsel representing State opposed
regular bail petition filed by petitioner. Detailed status report has been filed
giving detail of investigation carried out on the spot. It is confirmed that
challan has been presented on 27.09.2024 and case is pending for
consideration on charge. Present petitioner is claimed to be the main
accused. However, he is not involved in any other FIR.
5. I have considered the arguments and have gone through the
record carefully. It is matter of record that present petitioner was
apprehended by police alongwith others on 30.06.2024 when ASI Ranjit
Singh and police party alongwith Smt. Navjot Kaur, Zonal Licensing
Authority, Sangrur alongwith her team conducted raid at the premises of
Alzan Pharmaceuticals Private Limited, Naiwala Road, Barnala and
recovered objectionable medicines loaded in a Mahindra Pickup as well as
medicines and other manufacturing material lying in premises of said
concern. It was alleged that said concern was manufacturing Pregabalin-
300 MG drug which was prohibited and without valid permission and
license manufacturing was carried out in a concealed manner. Learned
counsel for petitioner has placed on record copy of challan report,
Annexure P-11, which clearly indicates that proceedings in aforesaid FIR
as well as proceedings under Drugs and Cosmetics Act are being carried
out. There is copy of notice dated 10.09.2024, Annexure P-2, issued by
Drugs Control Officer, Barnala addressed to M/s Alzan Pharmaceuticals
Pvt. Ltd. and to its partners. So far as petitioner is concerned, he has
already joined investigation and he is not required for any other purpose.
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Stand taken by learned counsel for petitioner that FIR could not be
registered in the case in hand as the alleged offence is fully covered under
the provisions of Drugs and Cosmetics Act, 1940, can be raised at
appropriate stage. Petitioner is ready to abide by the terms of bail order.
Therefore, present regular bail petition filed by petitioner - Shishu Pal is
allowed. He is ordered to be released on bail on furnishing bail bonds and
surety bonds to the satisfaction of trial Court/Duty Judge concerned.
6. Pending miscellaneous application(s), if any, stand disposed of
accordingly as well.
07.11.2024 (AMARJOT BHATTI)
lalit JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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