CRM-M-39488 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND Dr. Rajinder Pal Singh State of Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- MANISHA 1. Bharatiya Nagarik Suraksha Sanhita, 2023 anticipatory under Section 1985 (for short ‘NDPS Act’) Punjab. 2. petition are that Beant Kaur to the effect that the petitioner used to give intoxicant tablets to the patients during their treatment and if a raid would be conducted, then a huge quantity of intoxicant drugs could be recovered from his reside house. Acting on the said information, a police party headed by Inspector Beant Kaur reached at the house of the petitioner but he was not found present 39488-2024 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Dr. Rajinder Pal Singh Versus Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Sanjeev Sharma, Senior Advocate with Mr. Jitesh Garg, Advocate for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab. MANISHA BATRA, J. This petition has been filed by the petitioner under Section tiya Nagarik Suraksha Sanhita, 2023 anticipatory bail in case bearing FIR No. under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, (for short ‘NDPS Act’) at Police Station Brief facts of the case relevant for the purpose of disposal of this petition are that on 09.07.2024, a secret informa Beant Kaur to the effect that the petitioner used to give intoxicant tablets to the patients during their treatment and if a raid would be conducted, then a huge quantity of intoxicant drugs could be recovered from his reside house. Acting on the said information, a police party headed by Inspector Beant Kaur reached at the house of the petitioner but he was not found present IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-39488-2024 (O&M) Reserved on : 22.04.2025 Pronounced on : 28.04.2025 ...Petitioner Versus ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Sanjeev Sharma, Senior Advocate with Ms. Sakshi Bakshi, AAG, Punjab. This petition has been filed by the petitioner under Section 482 tiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail in case bearing FIR No. 166 dated 09.07.2024, registered Narcotic Drugs and Psychotropic Substances Act, at Police Station Sadar Mansa, District Mansa, Brief facts of the case relevant for the purpose of disposal of this a secret information was received by Inspector Beant Kaur to the effect that the petitioner used to give intoxicant tablets to the patients during their treatment and if a raid would be conducted, then a huge quantity of intoxicant drugs could be recovered from his residential house. Acting on the said information, a police party headed by Inspector Beant Kaur reached at the house of the petitioner but he was not found present -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 2024 (O&M) Reserved on : 22.04.2025 Pronounced on : 28.04.2025 ...Petitioner ...Respondent 482 of seeking , registered Narcotic Drugs and Psychotropic Substances Act, Sadar Mansa, District Mansa, Brief facts of the case relevant for the purpose of disposal of this tion was received by Inspector Beant Kaur to the effect that the petitioner used to give intoxicant tablets to the patients during their treatment and if a raid would be conducted, then a ntial house. Acting on the said information, a police party headed by Inspector Beant Kaur reached at the house of the petitioner but he was not found present MOHAMMAD WASEEM ANSARI 2025.04.29 15:52 I attest to the accuracy and integrity of this document CRM-M-39488 there. On conducting search, 700 tablets of Sustained Release Tablets I and 45 tablets of numbers of all the recovered strips were concealed with a permanent black marker. Since the quantity of the recovered drugs was more than the permissible petitioner. Investigation proceedings have been initiated and underway. grant of anticipatory bail b Mansa, but the same had been dismissed, vide order dated Aggrieved from the same, the petitioner has filed the present petition and vide order dated 27.08.2024, his arrest was stayed by this Cour 3. petitioner has been falsely implicated in this case. MBBS/MD Physician & MD Psychiatry and is registered as such with Medical Council of India. Hospital at Bathinda as a Psychiatrist in the year 2018, which had a licence for running de its doctors to purchase, prescribe and dispense restricted medicine for i authorized and valid use particularly treatment of patients. While working with the said hospital, the petitioner had started his own clinic at village Bhaini Bagha in the year 2018. It is further submitted that recovered tablets i.e. MG were 39488-2024 (O&M) On conducting search, 700 tablets of Sustained Release Tablets IP 100 MG), 800 tablets of and 45 tablets of Bupernorphine and Naloxone numbers of all the recovered strips were concealed with a permanent black marker. Since the quantity of the recovered drugs was more than the permissible limit, the aforementioned FIR has been registered . Investigation proceedings have been initiated and underway. Apprehending his arrest, the petitioner had filed an application for grant of anticipatory bail before the Court of learned but the same had been dismissed, vide order dated Aggrieved from the same, the petitioner has filed the present petition and vide order dated 27.08.2024, his arrest was stayed by this Cour Learned senior counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. MBBS/MD Physician & MD Psychiatry and is registered as such with Medical Council of India. The petitioner had joi Hospital at Bathinda as a Psychiatrist in the year 2018, which had a licence for running de-addiction centre. The license issued to the said hospital authorized its doctors to purchase, prescribe and dispense restricted medicine for i authorized and valid use particularly Buprenorphine treatment of patients. While working with the said hospital, the petitioner had started his own clinic at village Bhaini Bagha in the year 2018. It is further submitted that recovered tablets i.e. Tram purchased by the petitioner from authorized sellers for dispensing On conducting search, 700 tablets of Tramawin-SR 100 (Tramadol , 800 tablets of Tapentadol 100 MG Bupernorphine and Naloxone were recovered. Batch numbers of all the recovered strips were concealed with a permanent black marker. Since the quantity of the recovered drugs was more than the limit, the aforementioned FIR has been registered against the . Investigation proceedings have been initiated and the same Apprehending his arrest, the petitioner had filed an application for efore the Court of learned Judge, Special Court, but the same had been dismissed, vide order dated 24.07.2024. Aggrieved from the same, the petitioner has filed the present petition and vide order dated 27.08.2024, his arrest was stayed by this Court. counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. He is a qualified MBBS/MD Physician & MD Psychiatry and is registered as such with The petitioner had joined Global Healthcare Hospital at Bathinda as a Psychiatrist in the year 2018, which had a licence for addiction centre. The license issued to the said hospital authorized its doctors to purchase, prescribe and dispense restricted medicine for i Buprenorphine-Naloxane tablets for the treatment of patients. While working with the said hospital, the petitioner had started his own clinic at village Bhaini Bagha in the year 2018. It is further Tramawin-SR 100 and Tapentadol petitioner from authorized sellers for dispensing -2- SR 100 (Tramadol 100 MG Batch numbers of all the recovered strips were concealed with a permanent black marker. Since the quantity of the recovered drugs was more than the against the the same are Apprehending his arrest, the petitioner had filed an application for Judge, Special Court, 24.07.2024. Aggrieved from the same, the petitioner has filed the present petition and vide counsel for the petitioner has argued that the He is a qualified MBBS/MD Physician & MD Psychiatry and is registered as such with ned Global Healthcare Hospital at Bathinda as a Psychiatrist in the year 2018, which had a licence for addiction centre. The license issued to the said hospital authorized its doctors to purchase, prescribe and dispense restricted medicine for its tablets for the treatment of patients. While working with the said hospital, the petitioner had started his own clinic at village Bhaini Bagha in the year 2018. It is further 100 petitioner from authorized sellers for dispensing MOHAMMAD WASEEM ANSARI 2025.04.29 15:52 I attest to the accuracy and integrity of this document CRM-M-39488 the same to his patients to diagnose and treat them. He has been maintaining the record of prescription of these drugs to the patients. although Tapentadol NDPS Act. The alleged recovered strips bear the batch number, date of manufacture etc. issued by the Food & Drugs Administration, Punjab registered medical practitioner, was permitted to possess 500 tablets/capsules of Tramadol because 200 tablets of the present FIR h leave for England on 19.06.2024 due to death of his cousin and returned only on 07.07.2024 and in the meantime, fresh stock of 500 tablets including balance tablets of 200 tablets, went upto 700 tablets. petitioner not travelled abroad, he would have dispensed the balance tablets to his patients and even after delivery of fresh stock of quantity of total weight of the recovered tablets of not fall within the ambit of commercial quantity. tablets of 1985, 100 dosages of his personal use recovery of been nominated in one more case under the NDPS Act 39488-2024 (O&M) the same to his patients to diagnose and treat them. He has been maintaining the record of prescription of these drugs to the patients. Tapentadol is a restricted drug but it does not fall within the ambit of NDPS Act. The alleged recovered strips bear the batch number, date of manufacture etc. As per Clause (iii)(d) of the notification dated 13.08.2019, issued by the Food & Drugs Administration, Punjab registered medical practitioner, was permitted to possess 500 tablets/capsules Tramadol and Tapentadol for dispensing the same to patients and only because 200 tablets of Tramadol were found in excess of permissible limit, the present FIR has been registered against him. In fact, the petitioner had to leave for England on 19.06.2024 due to death of his cousin and returned only on 07.07.2024 and in the meantime, as a usual course of matter, a delivery of fresh stock of 500 tablets of Tramawin-SR including balance tablets of 200 tablets, went upto 700 tablets. petitioner not travelled abroad, he would have dispensed the balance tablets to his patients and even after delivery of fresh stock of quantity of said tablets would never have gone above 500. total weight of the recovered tablets of Tramawin not fall within the ambit of commercial quantity. tablets of Buprenorphine is concerned, as per Rule 66 of the NDPS Rules, 1985, 100 dosages of Buprenorphine can be kept by his personal use. Hence, no case under the NDPS Act is made out even qua recovery of Buprenorphine. It is further argued that the petitioner has falsely been nominated in one more case under the NDPS Act the same to his patients to diagnose and treat them. He has been maintaining the record of prescription of these drugs to the patients. Even otherwise, drug but it does not fall within the ambit of NDPS Act. The alleged recovered strips bear the batch number, date of As per Clause (iii)(d) of the notification dated 13.08.2019, issued by the Food & Drugs Administration, Punjab, the petitioner, being a registered medical practitioner, was permitted to possess 500 tablets/capsules for dispensing the same to patients and only were found in excess of permissible limit, as been registered against him. In fact, the petitioner had to leave for England on 19.06.2024 due to death of his cousin and returned only as a usual course of matter, a delivery of SR was made at his clinic which, after including balance tablets of 200 tablets, went upto 700 tablets. Had the petitioner not travelled abroad, he would have dispensed the balance tablets to his patients and even after delivery of fresh stock of 500 tablets, the total tablets would never have gone above 500. Even otherwise, the Tramawin-SR, being 196 grams, does not fall within the ambit of commercial quantity. So far as the recovery of 45 as per Rule 66 of the NDPS Rules, can be kept by even by an individual for . Hence, no case under the NDPS Act is made out even qua urther argued that the petitioner has falsely been nominated in one more case under the NDPS Act in the aid of Section -3- the same to his patients to diagnose and treat them. He has been maintaining Even otherwise, drug but it does not fall within the ambit of NDPS Act. The alleged recovered strips bear the batch number, date of As per Clause (iii)(d) of the notification dated 13.08.2019, ner, being a registered medical practitioner, was permitted to possess 500 tablets/capsules for dispensing the same to patients and only were found in excess of permissible limit, as been registered against him. In fact, the petitioner had to leave for England on 19.06.2024 due to death of his cousin and returned only as a usual course of matter, a delivery of was made at his clinic which, after Had the petitioner not travelled abroad, he would have dispensed the balance tablets to 500 tablets, the total Even otherwise, the , being 196 grams, does So far as the recovery of 45 as per Rule 66 of the NDPS Rules, an individual for . Hence, no case under the NDPS Act is made out even qua urther argued that the petitioner has falsely in the aid of Section MOHAMMAD WASEEM ANSARI 2025.04.29 15:52 I attest to the accuracy and integrity of this document CRM-M-39488 29, which has been registered at the same police station, at the instance of same Investigating Officer i.e. Inspector Beant Kaur This fact strengthens the stand of the petitioner that he has been falsely implicated in this case. recovery is to be effected from him. No useful purpose would be served by detaining him into custody. be allowed. 4. respondent General, Punjab that although the petitioner is a registered medical practitioner but as per above mentioned the drugs formulations for dispensing to his own patients tablets/capsules, how the drugs i.e. 700 tablets of case of similar nature. for conducting thorough investigation in the matter. petition is liable to be dismissed. 5. have also perused the material placed on record. 6. a raid was conducted at the premises of the petitioner of 700 tablets of tablets of 39488-2024 (O&M) , which has been registered at the same police station, at the instance of same Investigating Officer i.e. Inspector Beant Kaur This fact strengthens the stand of the petitioner that he has been falsely implicated in this case. The petitioner is ready to join the investigation. recovery is to be effected from him. No useful purpose would be served by ning him into custody. It is, therefore, urged that the petition deserves to be allowed. Status report as well as short reply respondent-State. It is submitted therein and learned Punjab has opposed the prayer made by the petitioner by submitting although the petitioner is a registered medical practitioner but as per above mentioned notification dated 13.08.2019, the drugs formulations for dispensing to his own patients tablets/capsules, however, he was found in possession of excess quantity of the drugs i.e. 700 tablets of Tramadol. The petitioner is involved in one more case of similar nature. The custodial interrogation of the petitioner is required for conducting thorough investigation in the matter. petition is liable to be dismissed. I have learned counsel for the parties at considerable length and have also perused the material placed on record. As per the prosecution, when on the basis of a secret information, a raid was conducted at the premises of the petitioner of 700 tablets of Tramawin-SR 100, 800 tablets of tablets of Bupernorphine and Naloxone , which has been registered at the same police station, at the instance of same Investigating Officer i.e. Inspector Beant Kaur, wherein he is on bail This fact strengthens the stand of the petitioner that he has been falsely The petitioner is ready to join the investigation. recovery is to be effected from him. recovery is to be effected from him. No useful purpose would be served by It is, therefore, urged that the petition deserves to as well as short reply has been filed by the State. It is submitted therein and learned Assistant Advocate prayer made by the petitioner by submitting although the petitioner is a registered medical practitioner but as per notification dated 13.08.2019, he was permitted to possess the drugs formulations for dispensing to his own patients not more than ever, he was found in possession of excess quantity of The petitioner is involved in one more custodial interrogation of the petitioner is required for conducting thorough investigation in the matter. It is, thus, argued that the I have learned counsel for the parties at considerable length and have also perused the material placed on record. when on the basis of a secret information, a raid was conducted at the premises of the petitioner on 09.07.2024, recovery , 800 tablets of Tapentadol 100 MG and 45 Bupernorphine and Naloxone, was effected. As per above -4- , which has been registered at the same police station, at the instance of the wherein he is on bail. This fact strengthens the stand of the petitioner that he has been falsely The petitioner is ready to join the investigation. No recovery is to be effected from him. No useful purpose would be served by It is, therefore, urged that the petition deserves to been filed by the Assistant Advocate prayer made by the petitioner by submitting although the petitioner is a registered medical practitioner but as per he was permitted to possess 500 ever, he was found in possession of excess quantity of The petitioner is involved in one more custodial interrogation of the petitioner is required It is, thus, argued that the I have learned counsel for the parties at considerable length and when on the basis of a secret information, , recovery and 45 As per above MOHAMMAD WASEEM ANSARI 2025.04.29 15:52 I attest to the accuracy and integrity of this document CRM-M-39488 mentioned notification issued by the Food & Drugs Administration, Punjab, the petitioner, being a registered medical practitioner, was permitted to possess 500 tablets/capsules of same to his patients. However, 200 tablets of than the permissible limit. serious. He is alleged to be involved in supplying psychotropic drugs to persons in the name of running a de licence to dispense restricted medicines was issued in the name of Global Healthcare Hospital, where he had joined in the year 2018. There is nothing on record to show that he was having any such licence for his own is shown to be involved in one more case under the NDPS Act. interrogation might not be required but that itself cannot be a ground to grant him anticipatory bail. considering an ap consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation or tampering with evidence including intimidating witnesses. The powers und exercised in extraordinary and sparing circumstances. It is also a matter of discretion to grant or not to grant pre discussion as made above, I am of the considered opinion that no extraordinary or sparing circu concession of pre merit, the petition is dismissed. 39488-2024 (O&M) mentioned notification issued by the Food & Drugs Administration, Punjab, the petitioner, being a registered medical practitioner, was permitted to possess 500 tablets/capsules of Tramadol to his patients. However, 200 tablets of than the permissible limit. The allegations against the petitioner are quite serious. He is alleged to be involved in supplying psychotropic drugs to persons in the name of running a de-addiction centre. licence to dispense restricted medicines was issued in the name of Global Healthcare Hospital, where he had joined in the year 2018. There is nothing on record to show that he was having any such licence for his own is shown to be involved in one more case under the NDPS Act. interrogation might not be required but that itself cannot be a ground to grant him anticipatory bail. The well settled proposition of law is that while considering an application for grant of anticipatory bail, the Court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation or tampering with evidence including intimidating witnesses. The powers under Section exercised in extraordinary and sparing circumstances. It is also a matter of discretion to grant or not to grant pre discussion as made above, I am of the considered opinion that no extraordinary or sparing circumstance entitling the petitioner to seek concession of pre-arrest bail has been made out merit, the petition is dismissed. mentioned notification issued by the Food & Drugs Administration, Punjab, the petitioner, being a registered medical practitioner, was permitted to Tramadol and Tapentadol for dispensing the to his patients. However, 200 tablets of Tramadol were found in excess The allegations against the petitioner are quite serious. He is alleged to be involved in supplying psychotropic drugs to addiction centre. As per his own case, licence to dispense restricted medicines was issued in the name of Global Healthcare Hospital, where he had joined in the year 2018. There is nothing on record to show that he was having any such licence for his own clinic. is shown to be involved in one more case under the NDPS Act. His custodial interrogation might not be required but that itself cannot be a ground to grant The well settled proposition of law is that while plication for grant of anticipatory bail, the Court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation or tampering with evidence including er Section 482 of BNSS are to be exercised in extraordinary and sparing circumstances. It is also a matter of discretion to grant or not to grant pre-arrest bail. Keeping in view the discussion as made above, I am of the considered opinion that no mstance entitling the petitioner to seek arrest bail has been made out. Accordingly, finding no -5- mentioned notification issued by the Food & Drugs Administration, Punjab, the petitioner, being a registered medical practitioner, was permitted to for dispensing the were found in excess The allegations against the petitioner are quite serious. He is alleged to be involved in supplying psychotropic drugs to As per his own case, licence to dispense restricted medicines was issued in the name of Global Healthcare Hospital, where he had joined in the year 2018. There is nothing clinic. He His custodial interrogation might not be required but that itself cannot be a ground to grant The well settled proposition of law is that while plication for grant of anticipatory bail, the Court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation or tampering with evidence including are to be exercised in extraordinary and sparing circumstances. It is also a matter of arrest bail. Keeping in view the discussion as made above, I am of the considered opinion that no mstance entitling the petitioner to seek Accordingly, finding no MOHAMMAD WASEEM ANSARI 2025.04.29 15:52 I attest to the accuracy and integrity of this document CRM-M-39488 7. for the purpose of deciding the present bearing on the merits of the case. 28.04.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 39488-2024 (O&M) It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. .2025 Whether speaking/reasoned Whether reportable It is made clear that any observation made herein above is only petition and the same shall have no (MANISHA BATRA) JUDGE Yes/No Yes/No -6- It is made clear that any observation made herein above is only petition and the same shall have no (MANISHA BATRA) MOHAMMAD WASEEM ANSARI 2025.04.29 15:52 I attest to the accuracy and integrity of this document