Abdul Awal vs. The State Of Assam

Held

The Court granted bail to the accused-petitioner. The Court found that the petitioner possessed a valid license to sell the seized drugs through his drug distributor firm. The GST invoices produced by the petitioner indicated a valid purchase of the cough syrup with necessary GST payments. The Court found no reason to disbelieve the petitioner's claim at this stage, considering he had already spent 55 days in custody. The Court reasoned that the petitioner's possession appeared to be for the purpose of sale under his valid license, and the purchase was legitimate. Therefore, the conditions for granting bail were met. The petitioner was granted bail on furnishing a bail bond of Rs. 25,000/- with one surety, subject to conditions including not leaving the territorial jurisdiction without permission, not hampering investigation or tampering with evidence, and not inducing or threatening witnesses.

Facts

The petitioner, Abdul Awal, filed an application for bail under Section 439 Cr.PC in connection with Goalpara PS Case No. 216/2019. The case involved the seizure of 32 bottles of Cough Syrup (Codylex-T) from his possession. The prosecution contended that the seized cough syrup falls under Section 22(C) of the NDPS Act. The petitioner argued that he possessed a valid license to sell such cough syrup through his drug distributor firm, M/s Janapriya Drug Distributor. He produced GST invoices showing the purchase of the cough syrup on 11.06.2019, and the seizure occurred on 14.06.2019. The petitioner had already spent 55 days in custody.

Key Issues

1. Whether the seized cough syrup, when considered in its entirety, falls within the purview of Section 22(C) of the NDPS Act, thereby making the possession an offence under the said Act? 2. Whether the petitioner's possession of the cough syrup was lawful, given his claim of holding a valid drug distributor license and having purchased the stock with payment of necessary GST? Petitioner's Arguments: The petitioner argued that he possessed a valid license to sell the seized cough syrup as he owned a drug distributor firm. He presented GST invoices as proof of legitimate purchase and payment of taxes. He also highlighted that he had already spent 55 days in custody. Revenue/State's Arguments: The State contended that the total content of the seized cough syrup, if considered as a whole, comes within the purview of Section 22(C) of the NDPS Act.