Himachal Pradesh High Court
Reserved On : 07.11.2024 vs State Of Himachal Pradesh on 24 December, 2024
Author: Virender Singh
Bench: Virender Singh
2024:HHC:15775
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CrMP(M) No. : 2161 of 2024
Reserved on : 07.11.2024
Decided on : 24.12.2024
Harish Kumar …Applicant
Versus
State of Himachal Pradesh …Respondent
Coram
The Hon’ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the applicant : Mr. Ajay Kochhar, Senior Advocate
with Mr. Vivek Singh Attri,
Advocate.
For the respondent : Mr. Mohinder Zharaick, Additional
Advocate General.
Virender Singh, Judge.
Applicant-Harish Kumar has preferred the
present application, under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as
‘BNSS’), with a prayer to release him, on bail, during the
pendency of trial in Complaint, under Section 18(a)(i) read
with Sections 17B and 36AC, 18(C), 22(3), 18A & 18B,
1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
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punishable under Sections 27(c), 27(B)(II), 22(3), 28 and
28(a) of the Drugs and Cosmetics Act, 1940 (hereinafter
referred to as ‘the Act’).
2. According to the applicant, the above complaint,
preferred by the Drugs Inspector, is pending adjudication,
before the Court of learned Judicial Magistrate First Class,
Nalagarh, District Solan, H.P.
3. The applicant has sought the relief of bail on
the ground that he is an innocent person and has nothing
to do with the offences, for which, he has been arrested, by
the police, in this case.
4. Elaborating his stand, it has been pleaded that
the applicant was introduced by one of his friends, for
employment and the Directors of M/s KC Overseas
provided him the job, with a normal salary of Rs.30,000/-
per month, in the month of April, 2021. After few months,
from the date of joining, the Directors of M/s KC Overseas
directed the applicant to file the affidavit and accordingly,
the applicant has filed the same, as he was apprehending
of losing his employment. The applicant has sworn the
affidavit bona fidely and he was not aware about the evil
designs of the Directors.
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5. According to the applicant, till date, he is
having no knowledge that M/s KC Overseas was involved
in the business of spurious drugs.
6. As per the applicant, he has fully cooperated
with the investigation of the case and joined the
investigation, as and when, directed by the Drugs
Inspector. The applicant was taken to the premises of M/s
Pinnacle Life Sciences, by the Drugs Inspector, where, he
was arrested, after inspection of the premises of M/s
Pinnacle Life Sciences.
7. Highlighting the fact that he was engaged by
M/s KC Overseas, on the meagre salary of Rs.30,000/- per
month, the applicant has asserted the fact that apart from
his salary, he has not received any monetary benefits from
any of the companies involved.
8. The applicant has also pleaded that earlier, he
was serving with M/s Trade Impex Pharma, where also, he
was getting a salary of Rs.30,000/- per month. These facts
have been highlighted by the applicant to show that he was
not having any evil design in his mind.
9. It is the further case of the applicant that the
Drugs Inspector sent the samples, out of the alleged
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spurious drugs, recovered from the premises of M/s
Pinnacle Life Sciences, M/s Ultra Drugs Private Limited
and M/s Logo Pharma, for examination to the Government
Analyst, Regional Drugs Testing Laboratory, Chandigarh
on various dates, and, all those samples have been found
to be satisfactory.
10. According to the further case of the applicant,
the samples of the alleged spurious drugs were not sent for
comparison to the Expert, with the original drugs and the
opinion of spurious drugs has been given by the Drugs
Inspector himself.
11. The applicant has further asserted that despite
the fact that the Drugs Inspector, in his preliminary
investigation, found that there was active involvement of
the Directors of M/s KC Overseas and other companies, no
serious and honest attempts have been made to arrest the
Directors, due to which, the Directors have absconded,
whereas, the applicant was arrested, allegedly being the
competent person of M/s KC Overseas.
12. The applicant has also put forward his young
age for seeking the relief of bail. According to the
applicant, he was arrested on 11th May, 2023 and
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sufficient time has elapsed. The investigation, according to
the applicant, is complete and nothing is to be recovered
from him. As per the applicant, no useful purpose would
be served by keeping him in the judicial custody, for
indefinite period. The chances of conclusion of trial
against the applicant are stated to be not so bright.
13. As per the applicant, the earlier applications,
bearing Cr.MP(M) Nos.2473 of 2023 and 1096 of 2024,
moved by him, have been rejected, by this Court, vide
orders dated 27.02.2024 and 28.06.2024.
14. The applicant has also sought the relief of bail
on the ground that co-accused, Rajni Bhargava has already
been released on bail, by this Court, vide order, dated
24.08.2023, passed in CrMP(M) No.1518 of 2023. It has
also been asserted, on behalf of the applicant, that the
Directors of M/s Overseas Pvt. Ltd., namely Ankit Singla
and Ankush Singla, were also released on bail by this
Court while deciding Cr.MMO No.142 of 2024, on
26.03.2024.
15. The relief of bail has also been sought on the
ground that the Directors of M/s KC Overseas were
declared proclaimed offender by the Court of JMFC,
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Nalagarh. However, coercive process, which was issued
against them, was eventually set aside, by this Court, vide
order dated 26.03.2024, passed in CrMMO No.142 of 2024,
titled as ‘Ankit Singla & Anr. Vs. State of Himachal
Pradesh‘, they were directed to surrender, before the
learned trial Court and also to furnish bond(s) to the
satisfaction of the learned trial Court. In this regard, order,
passed by this Court, on 26.03.2024, has also been relied
upon.
16. Another ground, upon which, the bail has been
sought is that the alleged involvement of the applicant in
the alleged crime is stated to be on the basis of inculpatory
statement of one Pradeep Singh of M/s Allied Pharma, who
had allegedly deposed, before the Drugs Inspector, that
M/s Allied Pharma used to supply purported mislabelled
raw materials/drugs to M/s KC Overseas, which were
mislabelled, on behalf of M/s KC Overseas, on the
instructions of the applicant, as well as, the Directors of
M/s KC Overseas.
17. Elaborating his stand, it has been pleaded by
the applicant that the said Pradeep Singh has been
examined on 17.08.2024, as CW-1 and he has resiled from
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his earlier statement, made before the Drugs Inspector.
Subsequently, he was declared hostile.
18. In nutshell, it has been pleaded that only on the
basis of the statement of Pradeep Singh, the applicant has
been named as an accused and arrested, in this case and
the said Pradeep Singh, when appeared in the witness box,
as CW-1, has not supported the case of the prosecution.
19. Apart from this, learned Senior Counsel has
given certain undertakings, on behalf of the applicant, for
which, the applicant is ready to abide by, in case, he is
ordered to be released on bail.
20. On the basis of the above facts and change in
circumstances, a prayer has been made to allow the bail
application.
21. When put to notice, the Drugs Inspector has
filed the status report, disclosing therein, that on 8th May,
2023, on the basis of the information received, a team of
Drugs Inspectors, inspected the premises of M/s Pinnacle
Life Sciences Private Limited, at Manpura, Baddi, District
Solan, H.P., and found raw material of pharmaceutical use,
labelled as EXPLOTAB (Sodium Starch Glycolate, Type A),
VIVASOL GF (Croscarmellose Sodium) and FLOCEL
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(Microcrystalline Cellulose), labelled as “manufactured by
M/s JRS Pharma and Gujarat Microwax P. Ltd., Unit II,
Nandasan, Distt. Mehsana, Gujarat”. On the basis of the
said fact, it has been suspected that the drugs, i.e.
EXPLOTAB, were spurious, as, there were clear differences
in labels of spurious drugs and packing style of cartons as
compared to genuine stock of drugs. Consequently, ten
samples were drawn for test and analysis and the
remaining drugs were freezed, in the presence of
representatives of M/s Pinnacle Life Sciences and the
witnesses.
22. During the search, it has also been found,
through purchase bills produced, that the suspected stock
of spurious drugs was supplied by M/s KC Overseas.
Samples, so drawn, were sent to Regional Drugs Testing
Laboratory, Chandigarh.
23. It is the further case that on 9th May, 2023, a
team of Drugs Inspectors visited the premises of M/s Logos
Pharma, situated at Village Maissa Tibba, Tehsil and Distt.
Nalagarh, Himachal Pradesh. During the inspection,
suspected spurious drugs were also freezed in the presence
of the representatives of M/s Logos Pharma and associated
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witnesses, after taking fifteen samples for test and
analysis. During the visit, it was verified that the
suspected stock of drugs was also supplied by M/s KC
Overseas.
24. On 9th May, 2023, M/s JRS Pharma was
requested, through e-mail, to join the investigation to verify
the genuineness of drugs, as, the said firm is the original
manufacturer of EXPLOTAB, VIVASOL and FLOCEL.
25. On 10th May, 2023, a team of Drugs Inspectors
visited the premises of M/s Ultra Drugs Private Limited,
Unit-II, situated at Katha, Baddi, District Solan, H.P. and
the suspected stock of aforesaid spurious drugs was also
found there. Three samples were drawn for the test and
analysis and the remaining stock of suspected spurious
drugs was freezed. It was verified that the suspected stock
of spurious drugs was also supplied by M/s KC Overseas
to M/s Ultra Drugs.
26. On the same day, a team of Drugs Inspectors,
alongwith the police of Police Station Barotiwala visited the
premises of M/s KC Overseas, situated at Khasra No.
169/2, Buranwala Chowk, Village Buranwala, P.O.
Barotiwala, District Solan. During the visit, one Harish
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Kumar (applicant), with two other employees, was found
present in the said premises. Said Harish Kumar
(applicant) produced the wholesale drugs licenses issued to
M/s KC Overseas, by Drugs Licensing Authority. Harish
Kumar (applicant) was found to be endorsed as a
competent person on those wholesale drugs licenses.
During the visit, Directors of M/s KC Overseas Private
Limited were contacted through the cell phone of Harish
Kumar, but, no reply was received from them.
27. As per the status report, on 11th May, 2023, one
Jaya Prakash M, an authorized signatory of M/s JRS
Pharma, alongwith one other representative, Anil Patel,
visited the premises of M/s KC Overseas and identified the
drugs laying in the premises of M/s KC Overseas being
genuine, and supplied by M/s JRS Pharma to M/s KC
Overseas. Consequently, the representatives of JRS
Pharma, alongwith applicant-Harish Kumar and two other
employees of M/s KC Overseas were directed to join the
investigation at M/s Pinnacle Life Sciences to identify the
genuineness of drugs and to segregate the genuine drugs
from the suspected spurious drugs.
11 2024:HHC:15775
28. In pursuance thereof, on 11th May, 2023, the
premises of M/s Pinnacle Life Sciences, situated at
Manpura, Baddi, District Solan, H.P. was visited, where
said Jaya Prakash M verified that some of the material
supplied by M/s KC Overseas, labelled as “manufactured
by M/s JRS Pharma” was not the original product of M/s
JRS Pharma and was neither manufactured nor supplied
by M/s JRS Pharma to M/s KC Overseas.
29. It is the further case of the respondent that M/s
KC Overseas supplied these spurious drugs to M/s
Pinnacle Life Sciences, through sales invoices. According
to the respondent, the applicant has confirmed that the
spurious drugs, present at M/s Pinnacle Life Sciences,
were supplied by M/s KC Overseas. The stock of spurious
drugs was seized by the Drugs Inspector, in the presence of
the representatives of M/s JRS Pharma, M/s KC Overseas,
M/s Pinnacle Life Sciences and the witnesses. The
representative of M/s JRS Pharma submitted the standard
reference packaging material related to EXPLOTAB and
VIVASOL to identify the spurious and genuine drugs.
30. It is the further case of the respondent that the
applicant was the competent person of M/s KC Overseas,
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responsible for the sale and purchase of drugs by M/s KC
Overseas, which had supplied a huge quantity of spurious
drugs to M/s Pinnacle Life Sciences, in contravention of
Sections 18 (a) (i), 17B read with Section 36 AC of the Act.
Consequently, the applicant was arrested, as, he could not
produce the complete purchase record of spurious drugs,
supplied by M/s KC Overseas to M/s Pinnacle Life Science
and other firms. He was produced before the competent
Court of Law, from where, he was remanded to the custody
of the Drugs Inspector, for three days.
31. According to the respondent, on 12th May,
2023, the applicant was taken to the premises of M/s Ultra
Drugs Private Limited, situated at Katha, where, the
representatives of M/s JRS Pharma verified the stock of
spurious VIVASOL, which was not manufactured and
supplied by them, but, was found labelled as
“manufactured by M/s JRS Pharma and Gujarat Microwax
P. Ltd, Unit II, Nandasan, Distt. Mehsana, Gujarat”.
32. The applicant, according to the stand taken by
the respondent, has also disclosed that the said spurious
drugs were supplied by M/s KC Overseas to M/s Ultra
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Drugs Private Limited. The applicant is stated to be in
judicial custody since 27th May, 2023.
33. On 16th May, 2023, team of Drugs Inspectors
also searched the premises of M/s Logos Pharma, wherein,
the spurious drugs were identified on the basis of the
reference packaging material provided by M/s JRS Pharma
and the stock of spurious drugs was seized. On the same
day, one Sanjay Singh, who disclosed himself as proprietor
of M/s Allied Pharma Chem, and one Pradeep Singh, who
disclosed himself as Data Entry Operator, appeared at SDC
Office, Baddi and stated that they wanted to join the
investigation.
34. During the investigation, Sanjay Singh
disclosed that he had provided spurious drugs to M/s KC
Overseas in the name of “manufactured by M/s JRS
Pharma and Gujarat Microwax P. Ltd., Unit II, Nandasan,
Distt. Mehsana, Gujarat” at the instance of M/s KC
Overseas. Therefore, the inspecting team reached at the
premises of M/s Allied Pharma and after establishing the
facts that M/s Allied Pharma and M/s KC Overseas had
manufactured and supplied the spurious drugs to various
14 2024:HHC:15775
manufacturing units at BBN area, the proprietor of M/s
Allied Pharma, namely Sanjay Singh, was arrested.
35. On 31.05.2023, the premises of M/s Park
Pharmaceuticals, situated at Village Kalu Jhanda, Tehsil
Baddi, District Solan, H.P., was visited and on the basis of
the reference material submitted by M/s JRS Pharma and
e-mail communication, the entire stock of spurious drugs
was seized by the Drugs Inspector, after drawing three
samples for test and analysis.
36. According to the respondent, M/s KC Overseas
has submitted its reply on 23rd and 30th May, 2023, in
which, it has been admitted that they had purchased the
spurious EXPLOTAB with Batch Numbers 61123030021,
61123030020, 61123030005 and 61123030031 from M/s
Allied Pharma Chem and supplied the drugs to M/s
Pinnacle Life Sciences.
37. The premises of M/s Allied Pharma Chem was
again visited on 2nd June, 2023, for verification of physical
stock present there. During investigation, no physical
stock of Sodium Starch Glycolate was found, however, one
Pradeep Singh disclosed that M/s Allied Pharma Chem
sold the entire stock of Sodium Starch Glycolate of M/s
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Blue Craft make by converting it to Explotab of M/s JRS
make, at the instance of the applicant. It has also been
disclosed by him that M/s Allied Pharma Chem sold Cross
Carmellose Sodium of M/s Amster make, by converting it
to Vivasol, at the instance of the applicant.
38. On 26th May, 2023 and 2nd June, 2023, the
statements of Pradeep Singh were recorded,wherein,he has
disclosed that competent person and the Directors of M/s
KC Overseas, namely, Harish Kumar (applicant), Ankush
Singla and Ankit Singla, used to provide Sodium Starch
Glycolate of M/s Blue Craft make to M/s Allied Pharma
Chem, alongwith packing material and imitative labels of
M/s JRS Pharma, which were pasted on the corrugated
boxes of spurious drugs, recovered from various drugs
manufacturing firms, situated in BBN area of District
Solan, H.P. and M/s KC Overseas received back the same
material with M/s JRS make.
39. On 12th June, 2023, a request was made to the
Competent Court of Law to issue the warrant of arrest
against Ankit Singla and Ankush Singla, as both of them
had failed to join in the investigation, despite three notices,
served to them, to join the investigation. However, on 16th
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June, 2023, an e-mail was received from M/s KC Overseas,
in which, it has been mentioned that both of them have
been granted interim bail, by the High Court, on 6th July,
2023.
40. It is the further case of the respondent that on
16th June, 2023, samples test and analysis reports were
received for fourteen samples by the Government Analyst
and the same were declared as of standard quality and
confirmed the presence of Sodium Starch Glycolate, Cross
Carmellose Sodium and Micro Crystalline Cellulose in the
samples.
41. On 17th June, 2023, Ankit Singla and Ankush
Singla joined the investigation. On 26th June, 2023, both
of them submitted a partial response to the notice and
disclosed the complete sales of spurious Explotab and
Vivasol, through sales invoices to M/s Pinnacle Life
Sciences, M/s Ultra Drugs Private Limited, situated at
Katha, M/s Ultra Drugs Private Limited, situated at
Manpura, M/s Logos Pharma, M/s Life Vision and M/s
Laborate Pharma, total 28700 kg, but, they did not submit
the sales record of 275 kg of spurious drugs. They have
also not disclosed the purchase bills of packaging material
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seized from the premises of M/s KC Overseas.
Consequently, on 28th June, 2023, notices were served to
M/s Pinnacle Life Science, M/s Logos Pharma, M/s Ultra
Drugs, M/s Park Pharma, M/s Life Vision and M/s
Laborate Pharmaceuticals, to disclose the supply of the
spurious drugs by M/s KC Overseas. The samples test
and analysis reports for eleven samples were received from
the Government Analyst, Regional Drugs Testing
Laboratory and all the drugs samples were declared of
standard quality and the presence of Microcrystalline
Cellulose was confirmed. On the same day, both, Ankit
Singla and Ankush Singla, submitted the debit notes for
275 kg of Explotab. The said debit notes were found to be
manipulated, as, the debit notes did not mention the
vehicle used for the transportation and two debit notes of
the same product and batch number are made, on the
same dates, to avoid the transaction and trail of e-way
bills.
42. On 30th June, 2023, M/s Ultra Drugs Private
Limited, submitted reply to the notice, disclosing therein
that the firm is having stock in hand of spurious Vivasol.
Thus, its premises were visited by the Drugs Inspector,
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where Vivasol was found in the raw material store and
Ankush Singla identified the spurious drugs, as the same,
being supplied by M/s KC Overseas to M/s Ultra Drugs
Private Limited.
43. As per the status report, after the completion of
investigation, on 6th July, 2023, matter was submitted to
the State Drugs Controller, Baddi, seeking permission to
launch prosecution, against the accused persons.
Consequently, prosecution sanction was accorded.
44. It is the further case of the respondent that
during further investigation of the e-mails recovered at M/s
Allied Pharma Chem, it was found that the e-mails
regarding sales of spurious drugs by M/s Allied Pharma
were sent from e-mail ID
[email protected] to M/s KC Overseas at
e-mail ID Dispatch [email protected], Ankush Singla
[email protected] and Ankit Singla
[email protected]. The e-mail IDs
[email protected] were also handled by Harish
Kumar as he was the competent person of the firm and
was also responsible for the purchase and sales of drugs at
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M/s KC Overseas Private Limited, alongwith the Directors,
Ankit Singla and Ankush Singla.
45. On 12th July, 2023, a notice, under Section
22(1)(cca) of the Act was served to verify that any drugs
material received by M/s Allied Pharma from M/s KC
Overseas, through debit notes, as during investigation,
Ankit Singla and Ankush Singla produced the debit notes
of 275 kg of spurious drugs. On 15th July, 2023, M/s
Allied Pharma submitted its response that they never
received any material through debit notes from M/s KC
Overseas. Further, it has been declared that the said debit
notes were not declared in GSTR-1 returns filed for the
months of April, May, June, 2023. Hence, those debit notes
are stated to be not genuine.
46. It is the further case of the respondent that the
bail applications of the Directors of M/s KC Overseas,
namely Ankit Singla and Ankush Singla, were rejected by
this Court on 21st September, 2023.
47. As per the further case of the respondent,
Directors of M/s KC Overseas, namely Ankit Singla and
Ankush Singla, were declared proclaimed offender by the
Court of JMFC, Nalagarh. However, coercive process,
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which was issued against them, was eventually set aside,
by this Court, vide order dated 26.03.2024, passed in
CrMMO No.142 of 2024, titled as ‘Ankit Singla & Anr. Vs.
State of Himachal Pradesh‘, vide which, this Court had
directed the Directors of M/s KC Overseas to surrender,
before the learned trial Court and also to furnish personal
bonds of Rs.1,00,000/- with one surety in the like amount
to the satisfaction of the learned trial Court.
48. According to the status report, the investigation
relating to the recovery of imitative labels and 7275 kg
spurious drugs is still pending, as such, the release of the
applicant will hamper the investigation, as, there is every
possibility that the applicant may coerce the witnesses.
49. On the basis of the above facts, a prayer has
been made to dismiss the bail application.
50. So far as the release of the Directors of M/s KC
Overseas is concerned, this fact has not been disputed.
51. In this case, the bail applications of the
applicant were dismissed, by this Court, on 27.02.2024
and 28.06.2024. The principle of res judicata is not
applicable to the bail application, as, every passing day will
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come with another cause of action to the applicant to move
bail application, before this Court.
52. In the present case, the factum of CW-1,
Pradeep Singh, turning hostile has also been put forward,
as, one of the change in circumstances, on the basis of
which, the bail has been sought.
53. As per the reply of the respondent, the
involvement of the applicant, in this case, has been stated
to be proved, on the basis of the statement of Pradeep
Singh, Data Entry Operator, in M/s Allied Pharma. In this
regard, it is apt for this Court to reproduce paras 17 and
18 of the reply, filed by the respondent-State, in this case:-
“17. That on dated 02.06.2023, the premises of
M/s Allied Pharma Chem was again visited for the
verification of physical stock present in the
premises. During the inspection, Mr. Pradeep Singh
was requested to join the investigation and so he
was present in the premises of M/s Allied Pharma
Chem. During the visit, no physical stock of Sodium
Starch Glycolate was present in the premises and
during inspection Mr. Pradeep Singh disclosed that
M/s Allied Pharma Chem sold the entire stock of
Sodium Starch Glycolate of M/s Blue Craft make
by converting it to Explotab of M/s JRS make on
the instance of the present applicant. Further
disclosed that M/s Allied Pharma Chem sold Cros
Carmellose Sodium of M/s Amster make by
converting it to Vivasolon the instance of the
present applicant.
18. That, the statements recorded on dated
26.05.2023& 02.06.2023of Mr. Pradeep Singh
(Data Entry Operator in M/s Allied Pharma)
22 2024:HHC:15775disclosed that competent person and the directors
of M/s KC Overseas, Harish Kumar, Ankush Singla
and Ankit Singla used to provide the Sodium Starch
Glycolate of M/s Blue Craft make to M/s Allied
Pharma Chem along with packing material and
imitative labels of M/s JRS Pharma which were
pasted on the corrugated boxes of spurious drugs
recovered from various drugs manufacturing firms
situated at BBN area of Distt. Solan, HP and M/s
KC Overseas received back the same material with
M/s JRS make. It was also disclosed by Mr.
Pradeep Singh that sometimes M/s KC Overseas
only asked for changed invoices through email &
material was exchanged by M/s KC Overseas
themselves. Intimation of forged bills by M/s Allied
Pharma Chem was given through emails to Ankush
Singla, Ankit Singla & Harish Kumar as per their
request.”
54. The role, attributed to Ankush Singla and Ankit
Singla, is the same, which has been alleged against
applicant-Harish Kumar, who is stated to be the
authorized person. When, the involvement of the applicant
has been stated to be made, on the basis of the statement
of Pradeep Singh, then, the fact that he has appeared,
before the Court and turned hostile, is one of the fact,
which can be taken into consideration, while deciding the
question of bail, as, it is not the case, where the
complainant could prove the role, attributed to the
applicant, on the basis of some other witnesses, including
the official one.
23 2024:HHC:15775
55. As per the complaint, copy of which has been
annexed with the application as Annexure A-1, the
involvement of the applicant is based upon the statement
of Pradeep Singh, which was allegedly made, on
26.05.2023. Relevant para 27 of the complaint is also
reproduced, as under:-
“27. That, on dated 26.05.2023, the statement of
Pradeep Singh, who was working as data entry
operator at M/s Allied Pharma Chem was
recorded and it was disclosed by him that M/s
Allied Pharma Chem use to manufacture spurious
Explotab and Vivasol for M/s KC Overseas and
use to supply Explotab and Vivasol to M/s KC
Overseas as per the request of M/s KC Overseas
from the drugs material and labels supplied by
them. It was also disclosed by Pradeep Singh that
sometimes owner of the firm M/s KC Overseas
only asked for manipulated sale invoices through
email and materials was converted by M/s KC
Overseas themselves (copy enclosed as annexure
P52). Intimation of these manipulated sale
invoices was given to Ankush Singla, Ankit Singla
and Harish Kumar through email by M/s Allied
Pharm Chem as per their request.”
56. In view of the above facts, the star witness of
the prosecution, i.e. CW-1 Pradeep Singh, on the basis of
whose statement, involvement of the applicant has been
stated to be found, in this case, when appeared, before the
Court, has turned hostile, is a fact, which can be used for
granting the bail to the applicant.
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57. Even otherwise, on the ground of parity, the
applicant is also held entitled for the bail, as, the Directors
of the company, namely M/s KC Overseas, have already
been released on bail, by this Court.
58. The bail application is also liable to be allowed
on the ground that the applicant, in this case, was arrested
on 11.05.2023 and since, then, he is in judicial custody.
Moreover, chances of conclusion of the trial against the
applicant, in this case, in near future, are not so bright.
59. Keeping in view the pace of the trial, in this
case, this Court is of the view that there is every occasion,
for this Court, to hold that the twin conditions, as
enumerated, under Section 36AC of the Act, are existing in
favour of the applicant.
60. Considering all these facts, this Court is of the
opinion that the bail application is liable to be allowed and
is accordingly allowed.
61. Consequently, the applicant is ordered to be
released, on bail, in Complaint, under Section 18(a)(i) read
with Sections 17B and 36AC, 18(C), 22(3), 18A & 18B,
punishable under Sections 27(c), 27(B)(II), 22(3), 28 and
28(a) of the Act, on his furnishing personal bonds in the
25 2024:HHC:15775
sum of Rs.1,00,000/- with two sureties of the like amount,
to the satisfaction of the learned trial Court.
62. This order, however, shall be subject to the
following conditions:-
a) The applicant shall make himself available for
the purpose of interrogation, if so required and
regularly attend the trial Court on each and every
date of hearing and if prevented by any reason to
do so, seek exemption from appearance by filing
the appropriate application;
b) The applicant shall not tamper with the
prosecution evidence nor hamper the investigation
of the case in any manner whatsoever;
c) The applicant shall not make any inducement,
threat or promises to any person acquainted with
the facts of the case so as to dissuade them from
disclosing such facts to the Court or the Police
Officer, and
d) The applicant shall not leave the territory of
India without the prior permission of the Court.
63. Any of the observations, made hereinabove,
shall not be taken, as an expression of opinion, on the
merits of the case, as these observations are confined, only
to the disposal of the present bail application.
64. It is made clear that respondent-State is at
liberty to move an appropriate application, in case, any of
the bail conditions is found violated by the applicant.
26 2024:HHC:15775
65. The Registry is directed to forward a soft copy of
the bail order to the Superintendent of Jail, District Jail,
Solan, H.P., through e-mail, with a direction to enter the
date of grant of bail in the e-prison software.
66. In case, applicant is not released within a
period of seven days, from the date of grant of bail, the
Superintendent of Jail, District Jail, Solan, H.P., is directed
to inform this fact to the Secretary, DLSA, Solan. The
Superintendent of Jail, District Jail, Solan, H.P., is further
directed that if the applicant fails to furnish the bail bonds,
as per the order passed by this Court, within a period of
one month from today, then, the said fact be submitted to
this Court.
( Virender Singh )
Judge
December 24, 2024
(Gaurav Thakur)
Digitally signed by RAJNI
Date: 2024.12.24 14:00:18 IST