1 criapln2217-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2217 OF 2011 1] Pramod s/o Bhikaji Bhamre .. APPLICANT Vs 1] The State of Maha. 2] Dy.Supdt. of Police,Dhule .. RESPONDENTS ... Shri N.L.Choudhari,Adv. for applicant. Shri G.R.Ingole,APP for R-State. ... CRIMINAL APPLICATION NO.2380 OF 2011 1] Ganeshkumar Ashok Patil .. APPLICANT Vs 1] The State of Maha. 2] Dy.Supdt. of Police,Dhule .. RESPONDENTS ... Shri R.S.Shinde,Adv. for applicant. Shri G.R.Ingole,APP for R-State. ... 2 criapln2217-11 CRIMINAL APPLICATION NO.2344 OF 2011 1] Lahu Arun Savle .. APPLICANT Vs 1] The State of Maha. 2] Dy.Supdt. of Police,Dhule .. RESPONDENTS ... Shri R.S.Shinde,Adv. for applicant. Shri G.R.Ingole,APP for R-State. ... CRIMINAL APPLICATION NO.2474 OF 2011 1] Mukesh Gulabrao Ahirrao .. APPLICANT Vs 1] The State of Maha. 2] Dy.Supdt. of Police,Dhule .. RESPONDENTS ... Shri N.L.Choudhari,Adv. for applicant. Shri G.R.Ingole,APP for R-State. ... 3 criapln2217-11 CRIMINAL APPLICATION NO.2460 OF 2011 1] Dr.Ravindra Sudhakar Tandale .. APPLICANT Vs 1] The State of Maha. .. RESPONDENT ... Smt.S.S.Jadhav,Adv. for applicant. Shri G.R.Ingole,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 24/06/2011 ORAL ORDER: 1] All the applications are filed for anticipatory bail. First application is filed by one Pramod Bhamre. The second application is filed by one Ganesh Patil. The third application is filed by one Lahu Savle. Ganesh and Lahu are partners of Sai Distributors, dealing with medicines. 2] Application no.2474/11 is filed by one Mukesh Ahirrao. He is also in medicine business. Application No.2460/11 is made by Dr.Ravindra Tandale. Papers of investigation are made available by 4 criapln2217-11 A.P.P. including copy of Notification of Central Government to show that “Ketamine” is included in the list of psychotropic substances for the purpose of N.D.P.S. Act, 1985. All the sides are heard. 3] Crime is registered on the basis of report given by Assistant Commissioner of Food and Drugs Department at Cr.No.68/11 in Sakri police station, Dist.Dhule. It is registered for offences punishable under Sections 417, 410, 467, 468, 471 r.w. 34 of I.P.C. It is also registered for offence punishable under Section 65 [5] of Drugs and Cosmetics Act, 1940, and in view of the notification produced by A.P.P., it can be registered under N.D.P.S. Act also. 4] In the report, the Assistant Commissioner has contended that there was secret information to the department that Ketavan Injection (Qty.2000 Vials of 10 ml.) was procured illegally by creating false record and it was distributed illegally to unauthorised persons. There was information against Sai Disributors of Sakri. Raid was effected. Information was collected from applicant Ganesh Patil and from him, some record was collected, which showed that he had received demand from 13 doctors including applicant Dr.Tandale and they had placed the order. He informed that as per this demand, order was placed with Bharat Serum and Vaccines Co. of which main accused Nilesh Naik is a representative. According to him, the order was placed orally. The information showed that order was placed on 5 criapln2217-11 24/12/10 and immediately the delivery of 2000 vials of Ketavan Injection worth Rs.1,24,200/- was given by Nilesh Naik. Initially, Ganesh Patil informed that the delivery of some vials was given to Dr.Tandale. Record was prepared by Ganesh Patil in respect of delivery given to various doctors. When enquiry was made, it transpired that no doctor received the delivery. Initially Dr. Tandale admitted that he had received delivery of few vials but subsequently, he said that he had not received the delivery and he had falsely informed under pressure about the delivery in the past. There is record to show that on the letter-head of Dr.Tandale, the delivery order was given and the documents were signed by Dr.Tandale. 5] When enquiry was made, it transpired that one Lavanya agency was also involved, which is run by father of Nilesh Naik and record was created of that agency also. It transpired that all the false record was created and these vials were again collected back by Nilesh Naik and there was no trace of these vials. It is the case of the department that this substance can be used as psychotropic substance and generally it is used in Rave parties by youngsters. 6] Allegations are made against Dr.Tandale and applicant Pramod Bhamre that they had given the orders. Pramod Bhamre is owner of Samarth medical stores and allegations are against him that he had also taken the delivery. Dr.Tandale has given in writing that he acted 6 criapln2217-11 at the instance of Pramod Bhamre and Pramod Bhamre is friend of Ganesh Patil. Ganesh Patil has given letter to contend that Nilesh Naik was introduced to him by Pramod Bhamre. He has admitted that he has received commission of Rs.4000/- in this transaction. Thus, the plan was made by Pramod Bhamre and Dr.Tandale and Ganesh Patil came in picture subsequently. In the letter given by Pramod, he has admitted that he had introduced Nilesh Naik to Ganesh Patil. In his presence, vials were taken back by Nilesh Naik from the shop of Ganesh Patil. Applicant Lahu is a partner of Ganesh Patil. It was submitted for him that the entire transaction was made by Ganesh Patil and Lahu cannot be held responsible for that. However, he admitted that Lahu is partner of his firm and he takes part in the business. Allegations against applicant Mukesh are that he created false stamps for preparing documents, which were prepared by Ganesh Patil. 7] The main accused Nilesh Naik is arrested. A.P.P. submitted that the vials are not yet recovered. Advocate for Dr.Tandale submitted that he acted under pressure and gave some letters and as he is only the Anesthetist and he is required to keep contacts with medical stores, he prepared the letter. The record shows that due to the act of this doctor, 12 other doctors came in trouble and enquiry was made with them during investigation. In the field of medicine, there has to be strict discipline maintained. By such activities for petty 7 criapln2217-11 gains, such persons play with lives of citizens and they help the youngsters in using such substances. They become responsible for destroying the youth of the country. 8] In view of these circumstances, custodial interrogation is necessary in this case of all the applicants. There is clear possibility that more incidents can be detected. Further, the aforesaid vials need to be recovered. Advocates of all the applicants submitted that they want to approach the Apex Court for relief and so interim relief of 2 weeks more may be given. In view of aforesaid circumstances, this Court holds that such persons need to be dealt with sternly. Delay caused in investigation in such cases creates complications and the material which needs to be recovered cannot become available due to such delay. So, no further interim relief can be granted to any of the applicants and all the applications stand rejected. Interim relief stands vacated. [T.V.NALAWADE,J.] umg/criapln2217-11