Criminal Misc. No. M-16804 of 2009 -1-
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No. M-16804 of 2009
Date of decision:22.06.2009
Rajinder Kapoor ...Petitioner
Versus
Centra Bureau of Investigation
...Respondent
CORAM: HON'BLE MR. JUSTICE S.D.ANAND.
Present: Ms. Puneeta Sethi, Advocate for the petitioner.
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S.D.ANAND, J.
The Central Bureau of Investigation launched a
prosecution against the petitioner and some others on an allegation
which stand noticed in FIR Annexure P-1 and which are further
evident from the impugned order. The following relevant facts
noticed by the learned Trial Court are reproduced for facility of
reference:-
“As per the facts of the case, Rajinder Kapoor Proprietor
of M/s Global Laboratories, M/s Global Laboratories Firm,
Kashmir Chand Roshan Lal Kawatra & M/s Suraj Medical
Agencies have been challenged in the above said case.
As per the brief facts of the case, CBIEOU-V Branch,
New Delhi on 5.2.2006 registered a case against Kunal
Kaushal and others. They were found in possession of
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G-Norphine Buprenorphine injections at Shamli district
Muzaffarnagar Uttar Pradesh on 4.2.2006 without any
valid authority/document. These injections were
manufactured by M/s Gold Star Pharmaceuticals Pvt.
Limited, Ferozpur road Dagru, Moga, Punjab. During the
course of investigation, the CBI along with the officers of
Drugs Department Punjab conducted joint raid at the
premises of Suraj Medical Agencies located at Court
Road, Moga, Punjab on 1.9.2006 in the presence of
independent witnesses, Drug Authorities, Punjab and
Roshal Lal Kawatra incharge of Suraj Medical Agencies.
In that raid, 19270 injections of Buprenorphine, the brand
name BUP Norephine Batch No. 1450 manufacturing
date 2/2006, Expiry date 7/2007 manufactured by M/s
Global Laboratories, SAS Nagar Mohali, Punjab were
recovered. Shri Roshan Lal Kwatra competent/incharge
of M/s Suraj Medical Agencies failed to produce any
bill/invoice pertaining to the purchase of said injections
manufactured by M/s Global Laboratories Mohali, Punjab.
These injection were seized by the Drug Department,
Punjab and the samples were drawn by CBI in the
presence of independent witnesses. During investigation,
it was revealed by Shri Rajinder Kapoor proprietor of M/s
Global Laboratories that they had manufactured 75000
Buprenorphine injections of Batch No.1451 during
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January, 2006 to April, 2006 for M/s ETC Medicine
located at Pirojpur, Malda, West Bengal and the same
were sold vide invoice No.938 dated 20.02.2006, No.995
dated 2.4.2006, 1064 dated 11.07.2006 and 1127 dated
9.9.2006. However, Modh Abu Tahir, proprietor of Ms.
ETC Medicine, Malda, West Bengal had purchased only
35000 Buprenorphine injections in the brand name of
Buprenorphine of Batch No.1356 on two occasions from
M/s Global Laboratories vide invoice No.995 dated
20.04.2006 and 1064 dated 11.07.2006. They had
purchased only 3000 Buprenorphine injections of Batch
No.1451 on two occasions with invoice No.938 dated
20.02.2006 and 1127 dated 9.9.2006. Therefore, M/s
ETC Medicine Malda did not purchase 65000 ampoules
of Buprenorphine of Batch No.1451 from M/s Global
Laboratories. In fact M/s Global Laboratories through
Rajinder Kapoor had sold 19270 Buprenorphine injections
of Batch No.1451 to M/s Suraj Medical Agencies, Moga
without any bill. They have sold 35000 Buprenorphine
injections of Batch No.1451 in the market in an illegal
manner for huge monetary gain. The intoxicant material
in this injections fall in commercial quantity as per the
provisions of NDPS Act. With these allegations, the
above said accused were challaned in the Court.”
It is apparent from the record that the first anticipatory bail
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plea (filed by the petitioner through another counsel) was dismissed
as withdrawn (by a Coordinate Bench of this Court) on 11.5.2009.
The relevant order reads as under:-
“Counsel for the petitioner, after arguing for some time,
prays that he be permitted to withdraw the present
petition.
As prayed, the present petition is dismissed as
withdrawn.”
The learned counsel for the petitioner has not been able
to invite my attention to any circumstances which may have changed
in the meantime, or any fact which may have surfaced during the
intervening period, to justify the filing of an anticipatory bail plea
afresh.
In the light of the above, the petition is held to be
denuded of merit and is ordered to be dismissed.
June 22, 2009 (S.D.Anand) Pka Judge