Criminal Misc. No. M-16804 of 2009 -1- **** 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. ***** 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 Criminal Misc. No. M-16804 of 2009 -2- **** 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 Criminal Misc. No. M-16804 of 2009 -3- **** 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 Criminal Misc. No. M-16804 of 2009 -4- **** 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