Final Order 1

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF SH. RAJINDER SINGH
ASJ-06, NDD, PATIALA HOUSE COURTS, NEW DELHI
Bail Application No. 212/2023
FIR No. 260/2022
PS : Crime Branch
Under Sections : 274/275/276/420/468/471/120B/34 IPC
State Vs. Aakash Tomar
03.02.2023
Present: Sh. S.K. Kain, Ld. Addl. PP for the State.
Sh. Subit Kumar Singh and Sh. Arvind Kumar, Ld. Counsels for
the applicant / accused.
IO Inspector Kamal Kumar from PS Crime Branch-New Delhi.
Reply filed. Copy supplied.
In brief, it is the case of the prosecution that applicant / accused
along with other accused persons are involved in manufacturing and supply
of spurious cancer medicines.
The applicant / accused is one of the directors of M/s Incept
Biotech Pvt. Ltd. This company purchased 01 Lac empty shells of capsules.
The applicant / accused used to purchase spurious medicines from Dr. Pabitra
Sabbir and used to supply the same to retailers in Jaipur and Mumbai.
Arguments.
It was submitted on behalf of State that earlier the accused
was involved in manufacturing of spurious drugs, but now he is taking
delivery of these spurious drugs from the manufacturer and supplying the
same to retailers. Accused purchased 01 Lac empty capsule shells in the name
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of his company, i.e. M/s Incept Biotech Pvt. Ltd. These empty shells were
recovered from the place of co-accused Harbir. Money for purchasing the
empty shells was paid by the company of the applicant / accused.
It was submitted on behalf of applicant / accused that his
name is not in the FIR. He is the Director of M/s Incept Biotech Pvt. Ltd. The
maximum punishment for the offence alleged against the accused is 07 years.
Challan has already been filed. No interrogation is required to be done from
the applicant / accused. The co-accused Shahid Hussain has already been
granted bail. He was king pin / main accused. He used to supply packaging
material for spurious medicines. Ld. Counsel for the applicant / accused
relied upon Smt. Sheela Devi Vs. State of UP in Criminal Msc. Bail
Application No. 30425 to 2019 decided by the Hon'ble High Court of
Allahabad on 03.09.2019 and Satender Kumar Antil Vs. Central Bureau
of Investigation & Anr. in Misc. Application No. 1849 of 2021 in SLP Crl.
No. 5191 of 2021.
Reasons for Order.
It is alleged against the applicant / accused that earlier he was
involved in manufacturing of spurious drugs. In the present case, he procured
01 Lac empty shells of capsules in the name of his company. The said empty
capsule shells were recovered from the place of co-accused Harbir. If the
applicant / accused is not involved in the manufacturing of spurious drugs,
there would have been no reason for him to purchase such large quantity of
empty shells of capsules. There is no denial that the applicant / accused
purchased the said empty shell of capsules in the name of his company.
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This raises a suspicion that the applicant / accused is directly involved in the
manufacturing of spurious drugs and his role is not confined to purchase and
reselling of spurious drugs, unbeknown to him.
In view of the above, this court does not find any reasonable
ground for grant of bail to the applicant / accused.
Accordingly, the present application of accused Aakash Singh
Tomar S/o Sh. Hari Chand is dismissed.
Copy of this order be given dasti to the parties.
(RAJINDER SINGH)
ASJ-06/NDD/PHC/NEW DELHI
03.02.2023
(R)
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