JAMMU: Additional Sessions Judge Jammu Tahir Khurshid Raina on Monday denied bail to Parveen Kumar alias Heera, a chemist shop owner for selling banned drugs without prescriptions. He was booked by Police Station R S Pura in FIR No. 139/2019 under Sections 8, 21, 22 and 29 NDPS Act.
While rejecting the bail application, Additional Sessions Judge Tahir Khurshid Raina observed that argument of the counsel for the accused/applicant is that the narcotic drugs which have been seized from the co-accused and for which accused has been charge-sheeted along with him falls in intermediate category and therefore entitled for bail as the bail is not hit by the rigour of Section 37 of NDPS Act.
Upon this, the court observed that as per the charge sheet not only he is found to have direct link with the co-accused from whom intermediate category of the contraband drugs have been recovered but he is used as pimp for supplying this narcotic drug in the society especially to the younger generation. Moreover, the most serious part of charge sheet prominently relates to accused-applicant only, who is the supplier of contraband drug in the area and as reported, just in one year span he has sold and supplied illegally more than 14000 Narcotic drugs like Tramadol, Alprozolam, etc, which are quite huge, crosses the mark of commercial quantity under the NDPS Act. Fact remains that 5 gm of Tramadol constitutes small quantity and 250 gm commercial, while 5 gm of Alprazolam constitutes small quantity, 100 gm commercial. Accused-applicant is alleged to have got more than fourteen thousand such narcotic drugs from the Nutan Agency and supplied in the society with no details of the same at his disposal. It is to put on record that as per NDPS Rule 52-F, the licensed chemist shall sell essential Narcotic drug only on the prescription and subject to the provisions of the Drug and Cosmetic Rules, 1945.
The Narcotic drug and psychotropic substance like Tramadol hydrochloride and Alprazolam which is alleged to have been sold and supplied by accused-applicant fall in schedule H of the Drugs and Cosmetics Rules 1945 which prohibit the licensed chemist to sell such Drugs without prescriptions and without maintaining record of the same.
With these observations, the court rejected the bail application.