Akash Kumar Jain vs. The State Of Madhya Pradesh
Held
The Court allowed the bail application. It noted that the applicant runs his business as Swastik Enterprises and had purchased the syrup through GST invoices dated December 9, 2024, and January 17, 2025. The applicant is a wholesale distributor of pharmaceutical medicines. The Court found that in these circumstances, when the applicant had sold the syrup to co-accused Aman Rawat, who was also involved in the business of medical marketing and purchasing, further custody of the applicant, who has been in jail since February 10, 2025, would not be necessary. The Court explicitly stated that it was not commenting on the merits of the case. The applicant was directed to be released on bail upon furnishing a personal bond and a surety.
Facts
The applicant, Akash Kumar Jain, is implicated in Crime No. 22/2025 registered under the NDPS Act, 1985. He is alleged to have supplied approximately 52 liters of Codeine Phosphate Triprolidine Hydrochloride Syrup to co-accused Aman Rawat, who in turn supplied it to others. The applicant has been in custody since February 10, 2025. The charge sheet has been filed. The applicant claims to be a license holder and a wholesale distributor of pharmaceutical medicines, operating under the name Swastik Enterprises. He produced GST invoices for the purchase of the syrup and argued that his possession and sale of the syrup were under a valid license.
Key Issues
1. Whether the applicant, being a license holder and wholesale distributor of pharmaceutical medicines, can be arraigned as an accused for selling the syrup to a co-accused involved in medical marketing and purchasing, given that the sale was conducted via GST invoices? The petitioner argued that as a licensed wholesale distributor, his possession and sale of the syrup were legitimate. He relied on the license issued to his firm, Swastik Enterprises, and the GST invoices as evidence of lawful transactions. He contended that even if the prosecution's case were true, he should not be an accused solely for selling to another business. The petitioner also highlighted his prolonged custody since February 10, 2025, and the likely delay in the trial's conclusion. The respondent/State opposed the prayer for bail, arguing that no case for its grant was made out.
Sections Cited
Section 8, Section 21, Section 29, Section 483, Section 439
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Cause title — parties, addresses and appearances
ORDER
They are heard. Perused the case diary / challan papers.
This is the second application of the applicant under Section 483 of BNSS, 2023 / 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.22/2025 registered at Police Station Crime Branch, Indore District Indore (MP) for offence punishable under Sections 8/21, 22 and 29 of NDPS Act, 1985. The applicant is in custody since 10.02.2025. 3. The allegation against the applicant is that initially around 360 bottles (44 kg) of Onrex Syrup was found in possession of co-accused Mohinuddin @ Mona and Shavej containing Codeine Phosphate Triprolidine Hydrochloride Syrup equivalent to 36 liters, and on their discloser memo, 5280 bottles, 100 ml each of Codeine Syrup, approximately 52 liters, were found from the possession of the present app
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