Savita Chhabra vs. State Of Haryana

Facts

The petitioner, Savita Chhabra, sought anticipatory bail in FIR No. 682 dated 10.12.2021, registered at Police Station Sector 32/33, Karnal, under the NDPS Act. The prosecution alleged that M/s Vandan Medical Store, owned by the petitioner, placed an order for 2,39,400 Alprazolam tablets from M/s Bansal Pharma, with the transaction purportedly handled by her husband, Nitin Chhabra. The Drugs Control Officer received information about this order and its dispatch via bill GST-55 dated 30.06.2022. During the investigation, it was stated that the petitioner identified her signatures on the letter pad used for the order, and her husband admitted to jointly conducting business with Dinesh Bansal of M/s Bansal Pharma. The prosecution contended that the non-submission of sale bills and records indicated illegal sale of the tablets. The petitioner claimed false implication, stating the business was run under the supervision of Satish Kumar, no delivery or payment was received by her firm, and the medicines were never received by her shop.

Held

The Court held that the petitioner is undeniably the proprietor of M/s Vandan Medical Store. While the petitioner claimed the business was run by her husband, Nitin Chhabra, the Court noted that Nitin Chhabra has prior involvement in two other criminal cases under the NDPS Act, including being a proclaimed offender. The Court reasoned that it was illogical to assume the petitioner would be unaware of her husband's activities, especially given his criminal antecedents. The prosecution had established a chain of events connecting the petitioner and her firm, which remained prima facie uncontroverted. The Court found that the transaction trails on paper indicated the sale and purchase of intoxicant tablets had indeed occurred, and the mere absence of recovery in hand did not assist the petitioner. The Court concluded that the facts and circumstances strongly suggested the petitioner was aware of the alleged sale and purchase of intoxicant tablets, making her custodial interrogation necessary. Consequently, the petition for anticipatory bail was dismissed.

Key Issues

1. Whether the petitioner, as the proprietor of M/s Vandan Medical Store, can be held liable for the alleged illegal sale and purchase of Alprazolam tablets, despite her contention that the business was managed by her husband and that the stock was never received by her firm? (Question of mixed law and fact, turning on principles of vicarious liability and evidence of illegal transactions). Petitioner's Arguments: - The petitioner was falsely implicated solely due to being the proprietor of M/s Vandan Medical Store. - The business was run under the personal supervision of Satish Kumar, as per Form 21-B. - No delivery or consignment was received by M/s Vandan Medical Store, and no payment was made to M/s Bansal Pharma. - The entire business was managed by her husband, Nitin Chhabra, and the person responsible for sale is co-accused Satish Kumar. - Medicines were sent by Rajiv Kumar Verma from Karnal to another place and never received by the petitioner's firm. - The bill was signed by 'Jai' of Aryavart Motor Transport Company, not Nitin Chhabra. - Wrongful loss, if any, should be attributed to Satish Kumar. Respondent's (State of Haryana) Arguments: - The petitioner, as proprietor, placed the order from M/s Bansal Pharma on her letter pad, and deals were done by her husband. - No bill for the purchase of 2,39,400 tablets was found/produced, indicating illegal sale. - A purchase order from M/s Vandan Medical Store and a delivery receipt for three boxes addressed to M/s Vandan Medical Store were produced and handed over to Nitin Chhabra. - The petitioner, along with her husband, illegally sold the tablets after purchasing them from M/s Bansal Pharma, and the quantity falls under commercial quantity. - The petitioner admitted her signatures on the letter pad for the order. - M/s Bansal Pharma handed over the stock to a transporter, which was further delivered to M/s Vandan Medical Store under Nitin Chhabra's signatures.