disclaimer - lawctopus...ndps we searched the godown wherein 700 bottles were seized out of which...

DISCLAIMER

1. All facts of this case are fictitious. Any resemblance to real

persons, living or dead, is purely coincidental.

2. All places are drawn out imaginatively and does not reflect the

original map/place.

ADDITIONAL RULES

3. Such Chargesheet has been prepared by Yash Kotak, Head

Litigator, Kotak & Associates, Advocates. Any contact to him

in furtherance to such case will lead to immediate

disqualification.

4. There cannot be any interpretation or assumption to any facts or

circumstances.

5. There cannot be any additional document brought in by Defence

in furtherance to prove his side of the case.

6. There signatures are reflected as ‘Sd/’ and there cannot be any

challenge to the same.

7. “Procedure and Provision envisaged under Code of

Criminal Procedure and NDPS act and any other relevant act has

to be strictly followed”

8. "There cannot be any challenge to non-availability of 161

statements. Same is not been provided intentionally.”

9. Seal and stamp are assumed.

Date:- 04.12.2019

CERTIFICATE

This is to certify that the investigation regarding the FIR No.

334/2019 dated 12.08.2019 u/s 21/23/28/29 NDPS, 1985 PS Special

Cell is completed and the evidences with respect to the same are

collected. This is required to state that such documents are handed

over to the Prosecution Agency for scrutiny.

Sd/-

(Virender Tyagi)

(Sub Inspector)

Sd/-

Directorate of Prosecution

Dt. 07.12.2019

5

FINAL REPORT

(Under Section 173 CrPC.)

IN THE COURT OF SPECIAL JUDGE, PATIALA HOUSE

1. Dist: New Delhi P.S.: Special Cell Year: 2019 FIR No: 334 Date: 12.08.2019

2. Final Report/Charge-sheet No.: 01

3. Date: 07.12.2019

4. Act(s): (i) NDPS Act Section 21/23/28/29

(ii) Drugs and Cosmetics Act,1940 Section 18(c) and 18A

(iii) Drugs and Cosmetics Rules. Rule 65(4)(4), Rule 65(4)(5)

5. Type of Final Report: Charge-Sheet

6. If F.R. unoccurred: False / Mistake of fact / Mistake of law/ Non-

cognizable/Civil nature: N/A

7. If supplementary or original: Original

8. Name of the I.O. Virender Tyagi Rank Sub-Inspector

9. (a) Name of Complainant / Informant: Jitender Tiwari, Sub-Inspector

(b). Father’s / Husband’s Name: Rajesh Tiwari

10. Details of properties / Articles / Documents recovered / seized during

investigation and relied upon

a. 150 bottles of Phensedyl cough syrup of 100 ml each from possession

of Mohd. Ashraf

b. 700 bottles of Phensedyl cough syrup of 100 ml each from godown

rented to Mohd. Ashraf and Mayank Sharma.

6

11. Particulars of accused persons charge-sheeted:

Sl.No 01

( i.) Name: Mohd. Ashraf Whether verified: Yes

( ii.) Father’s/Husband’s Name: Rahim Khan

( iii.) Date/Year of Birth: 15.08.1994

( iv.) Sex: Male

( v.) Nationality: Indian

( vi.) Passport No: Date of issue: Place of Issue:

( vii.) Religion: Muslim

( viii.) Whether SC/ST: No.

( ix.) Occupation: Sale of Medical Products.

( x.) Address: Dayal Pur, Delhi Whether verified: Yes.

( xi.) Date of arrest: 12.08.2019.

( xii.) Date of release on bail: N/A

( xiii.) Date on which forwarded to Court: 13.08.2019

( xiv.) Under Acts & Sections: Section 21/23/28/29 NDPS Act read along with

Section 18(c) and 18A of Drugs and Cosmetics Act,1940 read with Rule

65(4)(4), Rule 65(4)(5) of Drugs and Cosmetics Rules.

( xv.) Name(s) and Address(es) of sureties: N/A.

( xvi.) Previous convictions with case references: N/A

( xvii.) Status of the accused: In judicial Custody

Sl.No 02

( i.) Name: Mayank Sharma Whether verified: Yes

( ii.) Father’s/Husband’s Name: Rohtak Sharma

( iii.) Date/Year of Birth: 11.01.1990

( iv.) Sex: Male

( v.) Nationality: Indian

( vi.) Passport No: Date of issue: Place of Issue:

( vii.) Religion: Hindu

( viii.) Whether SC/ST: No.

( ix.) Occupation: Sale of Medical Products.

( x.) Address: Dayal Pur, Delhi Whether verified: Yes.

( xi.) Date of arrest: 12.08.2019.

( xii.) Date of release on bail: N/A

( xiii.) Date on which forwarded to Court: 13.08.2019

( xiv.) Under Acts & Sections: Section 21/23/28/29 NDPS Act read along with

Section 18(c) and 18A of Drugs and Cosmetics Act,1940 read with Rule

65(4)(4), Rule 65(4)(5) of Drugs and Cosmetics Rules.

( xv.) Name(s) and Address(es) of sureties: N/A.

( xvi.) Previous convictions with case references: N/A

( xvii.) Status of the accused: In judicial Custody

7

12. Brief Facts :

Brief facts are that on 12.08.2019, a secret information from one informer

at about 12:30 PM was received in Special Cell who informed that one

person named Mohd. Ashraf along with Mayank Sharma both resident of

Dayal Pur Delhi are in business of supply and sale of illegal and banned

pharmaceuticals drugs 150 bottles of Phensedyl cough syrup of 100 ml

each. Each PHENSEDYL COUGH LINCTUS 100 ML bottle which are

prohibited under the law. The same was recorded in daily dairy register

vide DD No. 13A dated 12.08.2019 at around 12:45 PM. The Raiding team

was constituted by me comprising myself, SI Rotak Rahim, ASI Gabbar

Babu, Head Constable Rajbir, Constable Raj Singh. The team also

consisted of Experts with testing kit, investigation kit, electronic weighing

machine and weapon as per entry in register. At about 04:50 pm, Ashraf

was apprehended and SI Jitender Tiwari after introducing himself and

raiding party told Ashraf that SI Jitender Tiwari he has the secret

information that Ashraf is involved in supply of the 150 bottles of

Phensedyl cough syrup of 100 ml each. Each PHENSEDYL COUGH

LINCTUS 100 ML bottle and today Ashraf is present there in connection

with the supply of 150 bottles of Phensedyl cough syrup of 100 ml each.

Each PHENSEDYL COUGH LINCTUS 100 ML bottle and there is a

possibility that such bottles can be recovered from Ashraf’s possession.

Notice u/s 50 NPDS Act was served to Ashraf and its contents were made

him to understand. Thereafter SI Jitender Tiwari checked the black colour

8

raxin bag carried by Ashraf on his right shoulder and found 150 bottles of


LINCTUS 100 ML bottle was wrapped with carbon paper to avoid

detection and sealed with black tape at bottom and top. Out of these 150

bottles, 100 bottles were of Chlorphenirmine Maleate & Codeine

Phosphate Cough Linctus" PHENSEDYL COUGH LINCTUS 100 ML

(Batch No. PHB6412) and 50 bottles of Chlorpheniramine Maleate &

Codeine Phosphate Cough Linctus" PHENSEDYL COUGH LINCTUS 100

ML (Batch No. PHB 6409).The said liquid was then and was tested with

testing kit and it gave positive for "Chlorpheniramine Maleate Codeine

Phosphate Cough Linctus" and on weighting on electrical weighing

machine its weight came out to be 100 ML for each bottle totalling to

15000 ML. Two samples of 05 ML each batch were taken out which were

kept in two separate bottles given mark A1 and A2. Rest of 14990 ML was

receipt in same bottles and was given mark A. Two samples and the

remaining bottles were separately converted into pullandas and sealed

with the seal of JT. FSL form was filled at the spot on which also the seal

of JT was affixed. Seal after the use was handed over to Ct. Raj Singh. All

the three sealed pullandas, FSL Form and recovered black colour raxin

bad along with clothes were taken into possession vide seizure memo. The

bodily search of Ashraf was carried out but no other bottles or narcotic

drug was found in possession of Ashraf at that time. The offence under

section 21/23/28/29 of NDPS Act has been committed and have prepared

this Tehrir along with sealed pullandas, black colour raxin bag and FSL

9

form to be forwarded to the SHO/PS Special Cell, Rohini through Head

Constable Rajbir to register the first information and transfer the

investigation to SI Virender Tyagi. Head Constable Rajbir went to PS

Special Cell in govt gypsy DL 1CJ 0455 at around 6:30 PM. The above case

was registered. Case property mentioned above was handed over to

Inspector Rajinder Singh to PS Special Cell who counter sealed the case

property and same was deposited in Malkhana. Further investigation of

case is being conducted by the undersigned who has arrived at spot at

about 9:00 PM in official Travera Car. SI Jitender Tiwari had handed over

Accused Mohd. Ashraf and documents of the case to the undersigned.

The Accused person was arrested and his bodily search was done. Upon

recording his disclosure statement, it was discovered that they had one

separate godown at Bhajanpura chowk which is rented and his owner is

Lakhvnder Singh wherein more bottles were stored. He stated that he has

a godown of such 700 more bottles and his partner/best friend is there

protecting it. As we proceeded to the spot pointed out by Mohd Ashraf, we

apprehended Mayank Sharma and also after giving him notice u/s 50

NDPS we searched the godown wherein 700 bottles were seized out of

which 400 bottles were of Chlorphenirmine Maleate & Codeine Phosphate

Cough Linctus" PHENSEDYL COUGH LINCTUS 100 ML (Batch No.

PHB6412) and rest 300 were of Chlorpheniramine Maleate & Codeine


(Batch No. PHB 6409). The said liquid was then tested and it was found

positive for "Chlorpheniramine Maleate & Codeine Phosphate Cough

10

Linctus”. 05 ML same were taken out from two batch and were stored in

separate bottle. Separate pullanda was made and marked with seal VT.

Samples were sent to FSL department for investigation in pullanda with

seal VT and rest of material was sent to malkhana. Mayank Sharma was

also arrested vide arrest memo dated 12.08.2019 at around 11:20 PM.

FSL report was received on 01.12.2019 wherein “The analysis revealed that

the they are manufactured and developed drugs. Such drugs were tested the

samples tested positive for Morphinan-6-ol,7,8-didehydro-4,5-epoxy-3-

methoxy-17-methyl-(5α,6α)-, sulfate (2:1) (salt), trihydrate. Its empirical

formula is C18H21NO3 [Codeine Phosphate]. The purity percentage was

found to be 0.20% and 0.22% respectively having density of solution 1.2251

and 1.2237 respectively.”

The owner of the premises Mr. Lakhvinder Singh, s/o Harvinder Singh, r/o

85, Raj Nagar Ext. New Delhi-110078 is absconding since then and the

Police needs further time to investigate upon the matter and arrest the

accused as they suspect him to also be involved in such racket.

Upon the investigation it is concluded that the manufactured drug found in

the possession of the Accused person are in commercial quantities in tenns

of Government of India Notification S.O. 1055(E), dated 19.10.2001 as

amended by Notification S.O. 2941(E), dated 18.11.2009..The terms

manufactured drug has been defined in Section 2 (xi) of the NDPS Act. It

means inter alia any narcotic substance or preparation which the Central

Government may declare by notification in the official gazette to be a

manufactured drug. In exercise of powers conferred by Section 2 (xi) (b) of

11

the NDPS Act, the Central Government has issued notification dated

14.11.1985, which declares certain narcotic substances to be manufactures

drugs. The relevant Entry No. 35 of the notification reads as follows:

“Methyl morphine (commonly known as 'Codeine') and Ethyl

morphine and their salts (including Dionine), all dilutions and

preparations except those which are compounded with one or more

other ingredients and containing not more than 100 milligrams of

the drug per dosage unit and with a concentration of not more than

2.5 percent in undivided preparations and which have been

established in therapeutic practice.”

It is concluded that a case under Section 21/23/28/29 NDPS Act read along

with Section 18(C) and 18A of Drugs and Cosmetics Act,1940 read with

Rule 65(4)(4), Rule 65(4)(5) of Drugs and Cosmetics Rules.

13. List of Witnesses :

a. SI Jitender Tiwari

b. SI Rotak Rahim,

c. ASI Gabbar Babu,

d. Head Constable Rajbir,

e. Constable Raj Singh

f. SI Virender Tyagi

g. Chemical Expert FSL Mr. Rahul Tyagi h.

h. Malkhana Officer Mr. Vaibhav Shahi

12

14. Refer Notice served : Yes/No Date: 04.12.2019

15. Despatched on 07.12.2019

Forwarded by

Sd/- Sd/-

(Station House Officer) (Signature of the Investigating officer)

Officer/Officer in-charge submitting the Charge Sheet

Name : Ram Rohit, Inspector Name: Virender Tyagi, Sub-Inspector

13

Statement of Jitender Tiwari S/o Rajesh Tiwari R/o Police

Quarters, Nawada, New Delhi working as Sub-Inspector in PS

Special Cell, Rohini

I, Jitender Tiwari is working as a Sub-Inspector in PS Special Cell, Rohini

and my duty timings are usually from 08 am to 08 pm unless I am working

at night duty. On 12.08.2019, I received a secret information from one

informer at about 12:30 PM in the office of Special Cell who informed that

one person named Mohd. Ashraf along with Mayank Sharma both resident

of Dayal Pur Delhi are in business of supply and sale of illegal and banned


each. Each PHENSEDYL COUGH LINCTUS 100 ML bottle was wrapped

with carbon paper to avoid detection and sealed with black tape at bottom

and top which are prohibited under the law. It was informed to me that

Mohd. Ashraf will be supplying/delivering such bottle to some contact

today at Jama Masjid Gate No. 01 at around 04:30 PM to 05:30 PM. I

recorded such information in daily dairy register vide DD No. 13A dated

12.08.2019 at around 12:45 PM. I brought the informer and informed

about such information to Inspector Attar Singh, who verified the said

information from the informer. The said information was also put before

ACP Sh. Subhas Ghagar who ordered to take action as per law. Inspector

Attar Singh also forwarded the order to me to take action under law and

constitute the raiding team. The Raiding team was constituted by me

comprising myself, SI Rotak Rahim, ASI Gabbar Babu, Head Constable

14

Rajbir, Constable Raj Singh. The team also consisted of Experts with

testing kit, investigation kit, electronic weighing machine and weapon as

per entry in register. At about 3:00 PM, raiding team and I proceeded in

govt gypsy DL 1CJ 0455 towards the Jama Masjid via Rohini jail,

Mukarba Chowk, Wazirabad, Kashmiri Gate and Shanti Van reached

Gate No. 1 of Jama Masjid. On the way, I asked 3 passerby at Wazirabad,

4 passerby at Kashmiri Gate and 3 passerby at Shantivan to join the

raiding party after informing them about the secret information. But none

of time had joined the same by showing their respective inabilities. In the

area of Jama Masjid I asked 5 passerby and 5 shopkeepers but they also

refused to join the raiding party. I briefed the raiding party in detail.

Thereafter I lad a nakabandi towards the road going towards Matia Mahal

side from Jagat cinema, on the turn and started waiting for Ashraf.

Informer was with me. At about 04:50 pm one-person wearing pant and

hand sleeve shirt carrying one rain black colour bag on his right shoulder

came from the side of Jagat Cinema moving towards Matia Mehal and

after covering a distance stopped there and started waiting for someone.

Secret informer told me that person is Ashraf. Ashraf tried to make a call

from his mobile and thereafter returning towards gate no. 1 Jama Masjid

and we followed him. Ashraf by taking a turn saw us and after seeing us

took hasty steps. I apprehended Ashraf with the help of Ct. Raj Singh and

15

HC Rajbir at about 5:00 PM near National Guest House. A crowd gathered

there. I asked 3-4 person to join the investigation but none of them agreed.

I after introducing myself and raiding party told Ashraf that I am having

the secret information that he is involved in supply of the 150 bottles of


LINCTUS 100 ML bottle was wrapped with carbon paper to avoid

detection and sealed with black tape at bottom and top and today you are

present there in connection with the supply of 150 bottles of Phensedyl

cough syrup of 100 ml each. Each PHENSEDYL COUGH LINCTUS 100

ML bottle was wrapped with carbon paper to avoid detection and sealed

with black tape at bottom and top and there is a possibility that 150

bottles of Phensedyl cough syrup of 100 ml each can be recovered from

your possession. I asked him that his search is to be conducted and it is his

legal right to call any Gazetted Officer or Magistrate in whose presence his

search can be conducted but Ashraf refused to call any Gazetted Officer or

Magistrate in spite of explaining him the meaning of those officials and

also refused to take search of raiding team members. Notice u/s 50 NPDS

Act was served to Ashraf and its contents were made him to understand.

The refusal made by Ashraf was got written in handwriting of Ct. Raj

Singh and Ashraf made signature on the original notice of Section 50

NDPS Act.

16

Thereafter I checked the black colour raxin bag carried by Ashraf on his

right shoulder and found 150 bottles of Phensedyl cough syrup of 100 ml

each Each PHENSEDYL COUGH LINCTUS 100 ML bottle was wrapped

with carbon paper to avoid detection and sealed with black tape at bottom

and top. Out of these 150 bottles, 100 bottles were of Chlorphenirmine

Maleate & Codeine Phosphate Cough Linctus" PHENSEDYL COUGH

LINCTUS 100 ML (Batch No. PHB6412) and 50 bottles of

Chlorpheniramine Maleate & Codeine Phosphate Cough Linctus"

PHENSEDYL COUGH LINCTUS 100 ML (Batch No. PHB 6409).The said

polythene was then and was tested with testing kit and it gave positive for

"Chlorpheniramine Maleate & Codeine Phosphate Cough Linctus" and on

weighting on electrical weighing machine its weight came out to be 100

ML for each bottle totalling to 15000 ML. Two samples of 05 ML each

batch were taken out which were kept in two separate bottles given mark

A1 and A2. Rest of 14990 ML was receipt in same bottles and was given

mark A. Two samples and the remaining bottles were separately converted

into pullandas and sealed with the seal of JT. FSL form was filled at the

spot on which also the seal of JT was affixed. Seal after the use was

handed over to Ct. Raj Singh. All the three sealed pullandas, FSL Form

and recovered black colour raxin bad along with clothes were taken into

possession vide seizure memo. The bodily search of Ashraf was carried out

17

but no other bottles or narcotic drug was found in possession of Ashraf at

that time.

I find the offence under section 21/23/28/29 of NDPS Act has been

committed and have prepared this Tehrir along with sealed pullandas,

black colour raxin bag and FSL form to be forwarded to the SHO/PS

Special Cell, Rohini through Head Constable Rajbir to register the first

information and transfer the investigation to SI Virender Tyagi. Head

Constable Rajbir went to PS Special Cell in govt gypsy DL 1CJ 0455 at

around 6:30 PM.

Date and Time of Occurrence of Offence: 12.08.2019 at around 5:00 PM

Date and Time of forwarding Tehrir: 12.08.2019 at around 6:30 PM

Place of Occurrence : Around 100 meters from Jama Masjid Gate No. 1

towards National Guest House.

SD/-

SI Jitender Tiwari

PIS No. 55443221

Special Cell, Rohini , New Delhi

12.08.2019

DD No. 13A and 17A dated 12.08.2019

FIR No. 334/2019 dated 12.08.2019 u/s 21/23/28/29 PS Special Cell

18

FIRST INFORMATION REPORT

(Under Section 154 of Cr.P.C.)

1. District: NEW DELHI P.S.: SPECIAL CELL Year: 2019 FIR No.: 334 Date: 12-08-2019

2. (i) Act(s): NDPS Act, 1985 Section(s): 21/23/28/29

3. (a) Occurrence of Offence: Day: Monday Date From: 12-08-2019 Date To: 12-08-2019

Time Period: Time From: 05:00 PM Time To: 06:30 PM

(b) Information received at P.S.: Date: 12-08-2019 Time: 08:00 PM.

(c) General Diary Reference: Entry No.: 13A and 17A Time:

4. Type of Information: Written

5. Place of Occurrence:

(a) Direction and distance from P.S.: at around 7 Km North from the Police Station Beat No.:

(b) Address: Around 100 meters from Jama Masjid Gate No. 1 towards National Guest House.

(c) In case outside the limit of the Police Station, then

Name of P.S.: NA District: NA

6. Complainant / information:

(a) Name: SI Jitender Tiwari PIS No. 55443221

(b) Father’s / Husband’s Name: Sh. Rajesh Tiwari

(c) Date / Year of Birth: (d) Nationality: INDIAN

(e) Passport No: Date of Issue: Place of Issue:

(f) Occupation: Official Duty (Delhi Police)

(g) Address: Police Station Special Cell, Lodhi Road, New Delhi

(h) Tel No.:

7. Details of known / suspected / unknown / accused with full particulars (Attach separate sheet, if

necessary)

(1) Mohd. Ashraf S/o Rahim Khan R/o Dayal Pur Delhi

(2) Mayank Sharma S/o Rohtak Sharma R/o Dayal Pur Delhi

8. Reasons for delay in reporting by the complainant / informant: NO DELAY

9. Particulars of properties stolen / involved (Attach separate sheet if necessary): NA

10. Total value of the properties stolen: NA

11. Inquest Report/ U.D. case No., if any: NA

12. F.I.R. Contents (Attach separate sheet, if required):

19

I, Jitender Tiwari is working as a Sub-Inspector in PS Special Cell, Rohini and my duty

timings are usually from 08 am to 08 pm unless I am working at night duty. On 12.08.2019, I

received a secret information from one informer at about 12:30 PM in the office of Special

Cell who informed that one person named Mohd. Ashraf along with Mayank Sharma both

resident of Dayal Pur Delhi are in business of supply and sale of illegal and banned

pharmaceuticals drugs 150 bottles of Phensedyl cough syrup of 100 ml each. Each

PHENSEDYL COUGH LINCTUS 100 ML bottle was wrapped with carbon paper to avoid

detection and sealed with black tape at bottom and top which are prohibited under the law. It

was informed to me that Mohd. Ashraf will be supplying/delivering such bottle to some

contact today at Jama Masjid Gate No. 01 at around 04:30 PM to 05:30 PM. I recorded such

information in daily dairy register vide DD No. 13A dated 12.08.2019 at around 12:45 PM. I

brought the informer and informed about such information to Inspector Attar Singh, who

verified the said information from the informer. The said information was also put before

ACP Sh. Subhas Ghagar who ordered to take action as per law. Inspector Attar Singh also

forwarded the order to me to take action under law and constitute the raiding team. The

Raiding team was constituted by me comprising myself, SI Rotak Rahim, ASI Gabbar Babu,

Head Constable Rajbir, Constable Raj Singh. The team also consisted of Experts with testing

kit, investigation kit, electronic weighing machine and weapon as per entry in register. At

about 3:00 PM, raiding team and I proceeded in govt gypsy DL 1CJ 0455 towards the Jama

Masjid via Rohini jail, Mukarba Chowk, Wazirabad, Kashmiri Gate and Shanti Van reached

Gate No. 1 of Jama Masjid. On the way, I asked 3 passerby at Wazirabad, 4 passerby at

Kashmiri Gate and 3 passerby at Shantivan to join the raiding party after informing them

about the secret information. But none of time had joined the same by showing their

respective inabilities. In the area of Jama Masjid I asked 5 passerby and 5 shopkeepers but

they also refused to join the raiding party. I briefed the raiding party in detail. Thereafter I lad

a nakabandi towards the road going towards Matia Mahal side from Jagat cinema, on the turn

and started waiting for Ashraf. Informer was with me. At about 04:50 pm one person

wearingpant and hand sleeve shirt carrying one rain black colour bag on his right shoulder

came from the side of Jagat Cinema moving towards Matia Mehal and after covering a

distance stopped there and started waiting for someone. Secret informer told me that person is

Ashraf. Ashraf tried to make a call from his mobile and thereafter returning towards gate no.

1 Jama Masjid and we followed him. Ashraf by taking a turn saw us and after seeing us took

hasty steps. I apprehended Ashraf with the help of Ct. Raj Singh and HC Rajbir at about 5:00

PM near National Guest House. A crowd gathered there. I asked 3-4 person to join the

20

investigation but none of them agreed. I after introducing myself and raiding party told

Ashraf that I am having the secret information that he is involved in supply of the 150 bottles

of Phensedyl cough syrup of 100 ml each. Each PHENSEDYL COUGH LINCTUS 100 ML

bottle was wrapped with carbon paper to avoid detection and sealed with black tape at bottom

and top and today you are present there in connection with the supply of 150 bottles of

Phensedyl cough syrup of 100 ml each. Each PHENSEDYL COUGH LINCTUS 100 ML

bottle was wrapped with carbon paper to avoid detection and sealed with black tape at bottom

and top and there is a possibility that 150 bottles of Phensedyl cough syrup of 100 ml each

can be recovered from your possession. I asked him that his search is to be conducted and it

is his legal right to call any Gazetted Officer or Magistrate in whose presence his search can

be conducted but Ashraf refused to call any Gazetted Officer or Magistrate in spite of

explaining him the meaning of those officials and also refused to take search of raiding team

members. Notice u/s 50 NPDS Act was served to Ashraf and its contents were made him to

understand. The refusal made by Ashraf was got written in handwriting of Ct. Raj Singh and

Ashraf made signature on the original notice of Section 50 NDPS Act.

Thereafter I checked the black colour raxin bag carried by Ashraf on his right shoulder and

found 150 bottles of Phensedyl cough syrup of 100 ml each Each PHENSEDYL COUGH

LINCTUS 100 ML bottle was wrapped with carbon paper to avoid detection and sealed with

black tape at bottom and top. Out of these 150 bottles, 100 bottles were of Chlorphenirmine

Maleate & Codeine Phosphate Cough Linctus" PHENSEDYL COUGH LINCTUS 100 ML

(Batch No. PHB6412) and 50 bottles of Chlorpheniramine Maleate & Codeine Phosphate

Cough Linctus" PHENSEDYL COUGH LINCTUS 100 ML (Batch No. PHB 6409).The said

polythene was then and was tested with testing kit and it gave positive for "Chlorpheniramine

Maleate & Codeine Phosphate Cough Linctus" and on weighting on electrical weighing

machine its weight came out to be 100 ML for each bottle totalling to 15000 ML. Two

samples of 05 ML each batch were taken out which were kept in two separate bottles given

mark A1 and A2. Rest of 14990 ML was receipt in same bottles and was given mark A. Two

samples and the remaining bottles were separately converted into pullandas and sealed with

the seal of JT. FSL form was filled at the spot on which also the seal of JT was affixed. Seal

after the use was handed over to Ct. Raj Singh. All the three sealed pullandas, FSL Form and

recovered black colour raxin bad along with clothes were taken into possession vide seizure

memo. The bodily search of Ashraf was carried out but no other bottles or narcotic drug was

found in possession of Ashraf at that time.

21

I find the offence under section 21/23/28/29 of NDPS Act has been committed and have

prepared this Tehrir along with sealed pullandas, black colour raxin bag and FSL form to be

forwarded to the SHO/PS Special Cell, Rohini through Head Constable Rajbir to register the

first information and transfer the investigation to SI Virender Tyagi. Head Constable Rajbir

went to PS Special Cell in govt gypsy DL 1CJ 0455 at around 6:30 PM.

13. Action taken: Since the above report reveals commission of offence(s) u/s as mentioned at Item No. 2:

(1) Registered the case and took up the investigation or

(2) Directed/ Entrusted (Name of I.O.): SI Virender Tyagi Rank: Sub-Inspector

PIS No.: 6677889 to take up the investigation or

(3) Refused investigation due to: NA or

(4) Transferred to P.S.: NA District: NA on point of jurisdiction.

F.I.R. read over to the complainant / informant, admitted to be correctly recorded and copy given to the

complainant/ informant, free of cost.

SD/-

Signature of Officer-in-charge/ Duty Officer, Police Station

R.O.A.C. Name: Mr. Ramesh Singh

Rank: Sub- Inspector

PIS No.:

14. Signature /Thumb impression of the complainant/ informant: Sd/- Rank Sub-Inspector No. PIS No.

55443221 Special Cell, Rohini , New Delhi dated 12.08.2019

15. Date and time of despatch to the court: 13.08.2019 at 12:30 PM

5 2 8 8 1 1 1 9

22


SITE PLAN

GATE NO. 1

JAMA MASJID

TOWARDS JAGAT CINEMA

AP HYAT

RITZ CONTINENTAL

NATIONAL GUEST A HOUSE

AE GUEST HOUSE

ASIAN GUEST HOUSE

TOWARDS

MOTI

MAHAL

Index : Point A is the place where Ashraf was apprehended.

Sd/-

SI Virendra Tyagi

23

DD No. 13A dated 12.08.2019 PS Special Cell

Notice u/s 50 NDPS Act

You, Mohd Ashraf S/o Rahim Khan R/o Dayal Pur Delhi is informed

through this notice that we have a secret information against you

that you along with your partner Mayank deals in business of


LINCTUS 100 ML bottle and today also you are at this place for the

supply of the same. We have to search you. You have a legal right to

call any Gazetted Officer or Magistrate in whose presence his search

can be conducted and to search members of raiding team.

SD/-

SI Jitender Tiwari

PIS No. 55443221


12.08.2019

Witness

1. Sd/-

HC Rajbir Singh 2. Sd/-

Ct. Raj Singh

Sd/-

Mohd. Ashraf

24

Copy of Notice was received and even I have understood the contents

of the notice and also it was made to explain the meaning of Gazetted

Officer and Magistrate. I do not want to call any Gazetted Officer or

Magistrate in whose presence his search can be conducted and to

search members of raiding team. I also do not want to search any

members of raiding team. You can search me.

Sd/-

Mohd. Ashraf

SD/-

SI Jitender Tiwari

PIS No. 55443221


12.08.2019

Witness

1. Sd/-

HC Rajbir Singh

2. Sd/-

Ct. Raj Singh

25


Subject : Report u/s 57 NDPS act regarding seizure of 150

bottles of Phensedyl cough syrup of 100 ml each. Each

PHENSEDYL COUGH LINCTUS 100 ML bottle from

Possession of Mohd. Ashraf

Sir,






each. Each PHENSEDYL COUGH LINCTUS 100 ML bottle which are

prohibited under the law. The same was recorded in daily dairy register

vide DD No. 13A dated 12.08.2019 at around 12:45 PM. The Raiding team

was constituted by me comprising myself, SI Rotak Rahim, ASI Gabbar

Babu, Head Constable Rajbir, Constable Raj Singh. The team also

consisted of Experts with testing kit, investigation kit, electronic weighing

machine and weapon as per entry in register. At about 04:50 pm, Ashraf

was apprehended and I after introducing myself and raiding party told

Ashraf that I am having the secret information that he is involved in

supply of the 150 bottles of Phensedyl cough syrup of 100 ml each. Each

26

PHENSEDYL COUGH LINCTUS 100 ML bottle and today you are

present there in connection with the supply of 150 bottles of Phensedyl

cough syrup of 100 ml each. Each PHENSEDYL COUGH LINCTUS 100

ML bottle and there is a possibility that such bottles can be recovered from

your possession. Notice u/s 50 NPDS Act was served to Ashraf and its

contents were made him to understand. Thereafter I checked the black

colour raxin bag carried by Ashraf on his right shoulder and found 150

bottles of Phensedyl cough syrup of 100 ml each Each PHENSEDYL

COUGH LINCTUS 100 ML bottle was wrapped with carbon paper to avoid

detection and sealed with black tape at bottom and top. Out of these 150

bottles, 100 bottles were of Chlorphenirmine Maleate & Codeine


(Batch No. PHB6412) and 50 bottles of Chlorpheniramine Maleate &

Codeine Phosphate Cough Linctus" PHENSEDYL COUGH LINCTUS 100

ML (Batch No. PHB 6409).The said liquid was then and was tested with

testing kit and it gave positive for "Chlorpheniramine Maleate & Codeine


machine its weight came out to be 100 ML for each bottle totalling to

15000 ML. Two samples of 05 ML each batch were taken out which were

kept in two separate bottles given mark A1 and A2. Rest of 14990 ML was

receipt in same bottles and was given mark A. Two samples and the

remaining bottles were separately converted into pullandas and sealed

27

with the seal of JT. FSL form was filled at the spot on which also the seal

of JT was affixed. Seal after the use was handed over to Ct. Raj Singh. All

the three sealed pullandas, FSL Form and recovered black colour raxin

bad along with clothes were taken into possession vide seizure memo. The

bodily search of Ashraf was carried out but no other bottles or narcotic

drug was found in possession of Ashraf at that time. The offence under

section 21/23/28/29 of NDPS Act has been committed and have prepared

this Tehrir along with sealed pullandas, black colour raxin bag and FSL

form to be forwarded to the SHO/PS Special Cell, Rohini through Head

Constable Rajbir to register the first information and transfer the

investigation to SI Virender Tyagi. Head Constable Rajbir went to PS

Special Cell in govt gypsy DL 1CJ 0455 at around 6:30 PM. The above case

was registered. Case property mentioned above was handed over to

Inspector Rajinder Singh to PS Special Cell who counter sealed the case

property and same was deposited in Malkhana. Further investigation of

case is being conducted by SI Virender Tygai who has arrived at spot at

about 9:00 PM in official Travera Car. I had handed over Accused Mohd.

Ashraf and documents of the case to him. Further investigation of case is

being conducted by SI Virender Tyagi. Submitted please.

SD/-

SI Jitender Tiwari

Dt. 12.08.2019

28

Rexin bag found in possession of Ashraf containing 150 PHENSEDYL COUGH LINCTUS 100 ML bottle was wrapped with carbon paper and

sealed with black tape at bottom and top.

29

400 bottles of Chlorphenirmine Maleate & Codeine Phosphate Cough Linctus" PHENSEDYL COUGH LINCTUS 100 ML seized from Godown.

30

300 Chlorpheniramine Maleate & Codeine Phosphate Cough Linctus"

PHENSEDYL COUGH LINCTUS 100 ML Bottle seized from godown.

31


DD No. 801 dated 12.08.2019

SI Jitender Tiwari Secret Information

At around 12:35 this is registered where in at 12:30 PM an informer

came to the Police Station and informed that one Mohd. Ashraf and

Mayank both resident of Dayal Pur Delhi are in business of supply

and sale of illegal and banned pharmaceuticals drugs 150 bottles of


LINCTUS 100 ML bottle which are prohibited under the law as they

tested positive for "Chlorpheniramine Maleate & Codeine Phosphate

Cough Linctus". It was informed to me that Mohd. Ashraf will be

supplying/delivering such drugs to some contact today at Jama

Masjid Gate No. 01 at around 04:30 PM to 05:30 PM. Such

information was first recorded in daily dairy register vide DD no. 13

A dated 12.08.2019 and then the same information is recorded in a

separate paper for forwarding the information to senior officers.

Note: True Copy

SD/-

SI Jitender Tiwari

PIS No. 55443221


12.08.2019

32


SI Jitender Tiwari Secret Information

At around 12:35 this is registered where in at 12:30 PM an informer

came to the Police Station and informed that one Mohd. Ashraf and

Mayank both resident of Dayal Pur Delhi are in business of supply

and sale of illegal and banned pharmaceuticals drugs 150 bottles of


LINCTUS 100 ML bottle which are prohibited under the law as they

tested positive in "Chlorpheniramine Maleate & Codeine Phosphate

Cough Linctus". It was informed to me that Mohd. Ashraf will be

supplying/delivering such drugs to some contact today at Jama

Masjid Gate No. 01 at around 04:30 PM to 05:30 PM.

SD/-

SI Jitender Tiwari

PIS No. 55443221


12.08.2019

33

FIR NO. 334/2019 DT.12.08.2019 U/s 21/23/28/29 PS Special Cell

ARREST MEMO

NAME WITH ALIAS AND Mohd Ashraf S/o Rahim Khan

PARENTAGE OF ARESTEE

PERMANENT ADDRESS Dayal Pur Delhi

PRESENT ADDRESS Dayal Pur Delhi

FIR NO. 334/2019

DATE OF ARREST 12.08.2019

TIME OF ARREST 09:10 PM

PLACE OF ARREST Near National Guest House,

About 100 meters away from

Jama Masjid Gate No 1 towards

Moti Mahal

NAME AND ADDRESS OF Rahim Khan

THE PERSON TO WHOM Father of Mohd Ashraf

INFORMATION OF SUCH Dayal Pur Delhi

ARREST IS CONVEYED

NAME, RANK OF THE SI Virender Tyagi

OFFICER MAKING SUCH

ARREST

Sd/-

Mohd. Ashraf

SD/-

SI Virender Tyagi

PIS No. 6677889


12.08.2019

Witness

1. Sd/- ASI Gabbar Babu,

2. Sd/- Ct. Raj Singh

34


PERSONAL SEARCH MEMO

In the presence of the following witnesses the personal search of Sh.

Mohd Ashraf s/o Rahim Khan R/o Dayal Pur Delhi was conducted as

per law under the provisions of section 51 of CrPC and the following

articles have been received from his/her possession and the same

have been taken into Police Possession, through this memo

1. Black Wallet having 250 rupees cash

2. Mobile Phone Nokia X201 having IMEI No. 9910013848589201

phone number 99883319900838

3. Carbon copy of Section 50 NDPS Notice

Sd/-

Mohd. Ashraf

SD/-

SI Virender Tyagi

PIS No. 6677889


12.08.2019

Witness



35


REQUEST FOR FORENSIC INVESTIGATION

To,

Director, FSL, Rohini

Sub: Request for Forensic Investigation of the material

seized Honourable Sir,

Pursuant to the above mentioned case/investigation, certain liquids

are seized and made into pullanda with seal ‘JT’ allegedly containing

Chlorpheniramine Maleate & Codeine Phosphate Cough Linctus”.

Forensic investigation is required to provide the accurate information

about the nature and type of the liquid seized herewith.

Such letter along with the material is forwarded in the hands of ct.

Raj Singh.

SD/-

SI Jitender Tiwari

PIS No. 55443221


12.08.2019

36

ROAD CERTIFICATE


Investigation Officer

Name of Date Date Descrip Amount Signatu Remark

prisone and and tion of of diet re of s

r and time of time of money money Receivi

parent despatc arrival or other expend ng

age & h at propert ed on officer

offence destinat y sent account

of ions with of

which number prisone

accused & r &

by the weight witness

Police of each

with article

number

of

charge

sheets

1 2 3 4 5 6 7

CASE FIR NO. 334/2019 DT.12.08.2019 U/s 21/23/28/29 PS Special Cell

1. One sealed pullanda sealed with seal of ‘JT’ and ‘RSS’ marked as A1

Date : 12.08.2019 -

Sd/-

HC Rajbir Singh

37

ACKNOWLEDGMENT OF CASE ACCEPTANCE

File No. FSL-2019/5438

12.08.2019

Date of Receipt

Memo No.5438 Date 12.08.2019

FIR No./D.D No.334/2019 Date 12.08.2019

P.S Special Cell

No. of Parcels/Items received/Suspects - 01

1. One sealed pullanda sealed with seal of ‘JT’ and ‘RSS’ marked as

A1

Sd/- Sd/-

Signature of Messenger Signature For

Director

Name Rajbir Singh, HC

PS Special Cell/Rohini

38

STORE-ROOM REGISTER (PART-1)

Police Station Special Cell D i s t r i c t N e w D e l h i

S No. of Date Description of Refer How Signa Re L First Of Property ence disp ture ma N Informa deposi to osed of rk O. tion t and repor Of recip S

Report Name t And ient

(if any), Of askin Date (incl

from Depos g for uding

whom itor order perso

taken (if regar n by

taken ding who

from dispo m

person) sal of dispa

and prop tched

from erty )

what

place

1 2 3 4 5 6 7 8

1 FIR No. 12.08. Articles of Personal N/A N/A N/A

334/2019 2019 Search

U/s Upon the personal

21/23/28/ search of Accused

29 PS Ashraf S/o Rahim

Special Khan R/o Dayal Pur

Cell D e l h i f o l l o w i n g

d o c u m e n t s w e r e

recovered which are

in police possession

Black Wallet having

250 rupees cash

Mobile Phone Nokia

X201 having IMEI

No.

9910013848589201

p h o n e n u m b e r

9 9 8 8 3 3 1 9 9 0 0 8 3 8

and Carbon copy of

Section 50 NDPS

Notice

39

3 FIR No. 12.08. S e i z u r e o f 1 5 0 N/A N/A N/A 334/2019 2019 bottles of Phensedyl U/s cough syrup of 100 21/23/28/ m l e a c h . E a c h 29 PS P H E N S E D Y L Special COUGH LINCTUS Cell 100 ML bottle which

are prohibited under the law as They tested positive in "Chlorpheniramine Maleate & Codeine Phosphate Cough Linctus" material a n d B a g b l a c k colour raxin bag. Seized material are in two pullandas with each carrying seal of ‘JT’ and counter sealed of ‘RSS’ marked as ‘A2’ and ‘A’ vide seizure m e m o d a t e d 12.08.2019. Each of t h e p u l l a n d a contains the tested materials of 150 bottles of Phensedyl cough syrup of 100 m l e a c h . E a c h P H E N S E D Y L COUGH LINCTUS 100 ML bottle which are prohibited under the law as they tested positive in "Chlorpheniramine

Maleate & Codeine Phosphate Cough Linctus" and weighs 05 ML and 14990

each respectively. T h e b a g

separately

w a s

seized vide seizure memo dated 12.08.2019.

40

FIR No. 12.08. S e i z u r e f r o m N/A N/A N/A

334/2019 2019 godown - 700 bottles U/s

out of were seized 21/23/28/ which 400 bottles 29 PS w e r e o f o f Special Chlorphenirmine Cell Maleate & Codeine Phosphate Cough L i n c t u s " P H E N S E D Y L COUGH LINCTUS 100 ML (Batch No. PHB6412) and rest 3 0 0 w e r e o f Chlorpheniramine

Maleate & Codeine Phosphate Cough L i n c t u s " P H E N S E D Y L COUGH LINCTUS 100 ML (Batch No. PHB 6409). The said liquid was then tested and it was found positive for "Chlorpheniramine Maleate & Codeine Phosphate Cough L i n c t u s ” . T w o

samples of 05 ML each were taken out which were kept in separate bottles given mark B1 and B2. Rest of 16990 ML of PHENSEDYL COUGH LINCTUS 100 ML bottle each was given mark B. Mark B2 and ‘B’ are received on two separate pullanda with seal VT and third pullanda was received with seal V T o f v a r i o u s

storing articles

41


SEIZURE MEMO

On 12.08.2019, on receiving a secret information from one informer at

about 12:30 PM in the office of Special Cell who informed that one person

named Mohd. Ashraf along with Mayank Sharma both resident of Dayal

Pur Delhi are in business of supply and sale of illegal and banned


each. Each PHENSEDYL COUGH LINCTUS 100 ML bottle which tested

positive for "Chlorpheniramine Maleate & Codeine Phosphate Cough

Linctus" which are prohibited under the law. It was informed to that

Mohd. Ashraf will be supplying/delivering such drugs to some contact

today at Jama Masjid Gate No. 01 at around 04:30 PM to 05:30 PM.

Raiding team was prepared and proceeded to the spot. Upon providing

notice u/s 50 NDPS, Ashraf was searched and in the black bag, the

polythene was found and wherein the material inside it was tested with

testing kit and it gave positive for "Chlorpheniramine Maleate & Codeine


machine its weight came out to be 15000 ML. So the following materials

were seized recovered from the possession of Ashraf :-

1. Two samples of 05 ML each were taken out which were kept in

separate bottles given mark A1 and A2.

42

2. Rest of 14990 ML of PHENSEDYL COUGH LINCTUS 100 ML

bottle each was given mark A.

Two samples and the remaining 14990 ML in each bottle 100 ML each

were separately converted into pullandas and sealed with the seal of JT.

3. Black raxin bag with logo of adidas on it.

SD/-

SI Jitender Tiwari

12.08.2019

Witness

1. Sd/-

HC Rajbir Singh

2. Sd/-

Ct. Raj Singh

43


DISCLOSURE STATEMENT

U/s 67 of NDPS Act

I, Mohd Ashraf, today giving my statement voluntarily without any

pressure or coercion of any person.I am son of Rahim Khan R/o Dayal

Pur Delhi. Mayank Sharma is my best friend from village and we

both are residents of Dayal Pur Delhi are in business of supply and

sale of pharmaceuticals drugs Phensedyl cough syrup of 100 ml each.

Each bottle is sold for at least Rs. 500 whereas the costing is Rs. 100

only each. We have a godown at Near Bhajanpura Chowk at the road

going towards Ghaziabad. Mayank always stay in godown to take

care of goods, we try to dissuade other people by saying it’s a

medicinal shop but we do not have any license or anything. I used to

go out for the sale of the goods to different distributors who use to

sell them to other end customers. The said godown is a rented

premises and is owned by my landlord Mr. Lakhvinder Singh. He

knew that we were using it to store medical goods and he never

verified our license. I will take you to my godown to show you how

goods are stored and also how they were disguised. Such chemical

manufactured drugs has so much demand in black market because it

activates pleasure cells in the body and similarly makes the body

44

light and one feels in the state of trance. At every night we both

consume one shot each and we sleep. It is fantastic in its nature.

Today I took you to the godown and shown you all the bottles left it

was approximately around 700 bottles left in godown with 100 ml

each each costing Rs. 100 rupees which will be sold for approximately

500 - 1000 rupees each as per demands and their need. We do not

have any license of the said medicinal bottles and thus all are

manufactured and sold by us to other distributors.

Sd/-

Mohd. Ashraf

SD/-

SI Virender Tyagi

PIS No. 6677889


12.08.2019

Witness



45


POINTING OUT MEMO

TOWARDS

KARWAL

NAGAR

‘A’

Godown

‘B’

TOWARDS

WAZIRABAD BHAJAN PURA

CHOWK RED

LIGHT

TOWARDS GHAZIABAD

TOWARDS

BHAJAN PURA

Point A is the place from where Mayank Sharma was apprehended.

Point B is the place pointed out by Mohd Ashraf wherein he along

with Mayank stores illegal medical manufactured drugs.

SD/-

SI Virender Tyagi

PIS No. 6677889


12.08.2019

Witness



46


Notice u/s 50 NDPS Act

You, Mayank Sharma S/o Rothak Sharma R/o Dayal Pur Delhi is

informed through this notice that we have received the information

against you that you along with your partner Ashraf deals in

business of Phensedyl cough syrup of 100 ml each and today you are

at this place you are in possession of the same. We have to search

you. You have a legal right to call any Gazetted Officer or Magistrate

in whose presence his search can be conducted and to search

members of raiding team.

SD/-

SI Virender Tyagi

PIS No. 6677889


12.08.2019

Witness



Sd/-

Mayank Sharma

47

Copy of Notice was received and even I have understood the contents

of the notice and also it was made to explain the meaning of Gazetted

Officer and Magistrate. I do not want to call any Gazetted Officer or

Magistrate in whose presence his search can be conducted and to

search members of raiding team. I also do not want to search any

members of raiding team. You can search me.

Sd/-

Mayank Sharma

SD/-

SI Virender Tyagi

PIS No. 6677889


12.08.2019

Witness



48


ARREST MEMO

NAME WITH ALIAS AND Mayank Sharma S/o Rohtak

PARENTAGE OF ARESTEE Sharma

PERMANENT ADDRESS Dayal Pur Delhi

PRESENT ADDRESS Dayal Pur Delhi

FIR NO. 334/2019

DATE OF ARREST 12.08.2019

TIME OF ARREST 11:20 PM

PLACE OF ARREST Near Bhajanpura Chowk

NAME AND ADDRESS OF Rohtak Sharma

THE PERSON TO WHOM Father of Mayank Sharma

INFORMATION OF SUCH Dayal Pur Delhi

ARREST IS CONVEYED

NAME, RANK OF THE SI Virender Tyagi

OFFICER MAKING SUCH

ARREST

Sd/-

Mayank Sharma

SD/-

SI Virender Tyagi

PIS No. 6677889


12.08.2019

Witness



49


PERSONAL SEARCH MEMO

In the presence of the following witnesses the personal search of

Mayank Sharma S/o Rohtak Sharma R/o Dayal Pur Delhi Was

conducted as per law under the provisions of section 51 of CrPC and

the following articles have been received from his/her possession and

the same have been taken into Police Possession, through this memo

1. Brown Wallet having 1000 rupees cash

2. Mobile Phone Samsung Galaxy A50 having IMEI No.

8811034860234 phone number 7733221199

3. Carbon copy of Section 50 NDPS Notice

Sd/-

Mayank Sharma

SD/-

SI Virender Tyagi

PIS No. 6677889


12.08.2019

Witness



50


DISCLOSURE STATEMENT

U/s 67 of NDPS Act

I, Mayank Sharma, today giving my statement voluntarily without

any pressure or coercion of any person.I am son of Rohtak Sharma

R/o Dayal Pur Delhi. Mohd. Ashraf is my best friend from village and

we both are residents of Dayal Pur Delhi are in business of supply

and sale of pharmaceuticals drugs Phensedyl cough syrup of 100 ml

each. Each bottle is sold for at least Rs. 500 whereas the costing is

Rs. 100 only each. We have a godown at Near Bhajanpura Chowk at

the road going towards Ghaziabad. Mayank always stay in godown to

take care of goods, we try to dissuade other people by saying it’s a

medicinal shop but we do not have any license or anything. Ashraf

used to go out for the sale of the goods to different distributors who

use to sell them to other end customers. The said godown is a rented

premises and is owned by my landlord Mr. Lakhvinder Singh. He

knew that we were using it to store medical goods and he never

verified our license. Such chemical manufactured drugs has so much

demand in black market because it activates pleasure cells in the

body and similarly makes the body light and one feels in the state of

trance. At every night we both consume one shot each and we sleep.

51

There are at present approximately around 700 bottles left in godown

with 100 ml each each costing Rs. 100 rupees which will be sold for

approximately 500 - 1000 rupees each as per demands and their

need. We do not have any license of the said medicinal bottles and

thus all are manufactured and sold by us to other distributors.

Sd/-

Mayank Sharma

SD/-

SI Virender Tyagi

PIS No. 6677889


12.08.2019

Witness



52


SEIZURE MEMO

On 12.08.2019, on receiving a secret information from one informer at

about 12:30 PM in the office of Special Cell who informed that one person

named Mohd. Ashraf along with Mayank Sharma both resident of Dayal

Pur Delhi are in business of supply and sale of illegal and banned

pharmaceuticals drugs Phensedyl cough syrup of 100 ml each. Each

PHENSEDYL COUGH LINCTUS 100 ML bottle which tested positive for

"Chlorpheniramine Maleate & Codeine Phosphate Cough Linctus" which

are prohibited under the law. Upon the arrest of Mohd. Ashraf near Jama

Masjid, he confessed that he has a godown of such 700 more bottles and

his partner/best friend is there protecting it. As we proceeded to the spot

pointed out by Mohd Ashraf, we apprehended Mayank Sharma and also

after giving him notice u/s 50 NDPS we searched the godown wherein 700

bottles were seized out of which 400 bottles were of of Chlorphenirmine


LINCTUS 100 ML (Batch No. PHB6412) and rest 300 were of


PHENSEDYL COUGH LINCTUS 100 ML (Batch No. PHB 6409). The said

liquid was then tested and it was found positive for "Chlorpheniramine

Maleate & Codeine Phosphate Cough Linctus”. 05 ML same were taken

53

out from two batch and were stored in separate bottle. following materials

were seized recovered :-

1. Two samples of 05 ML each were taken out which were kept in

separate bottles given mark B1 and B2.

2. Rest of 16990 ML of PHENSEDYL COUGH LINCTUS 100 ML

bottle each was given mark B.

3. Packing material including black tape, empty bottles, scissors,

heating device and empty bags.

Two samples and the remaining 16990 ML in each bottle 100 ML each

were separately converted into pullandas and sealed with the seal of VT.

Further rest of materials were also converted to pullanda and sealed with

seal VT.

SD/-

SI Virender Tyagi

PIS No. 6677889


12.08.2019

Witness



54


REQUEST FOR FORENSIC INVESTIGATION

To,

Director, FSL, Rohini

Sub: Request for Forensic Investigation of the material seized

Honourable Sir,

Pursuant to the above mentioned case/investigation, certain liquids

are seized and made into pullanda with seal ‘VT’ allegedly containing

Chlorpheniramine Maleate & Codeine Phosphate Cough Linctus”.

Forensic investigation is required to provide the accurate information

about the nature and type of the liquid seized herewith.

Such letter along with the material is forwarded in the hands of ct.

Raj Singh.

SD/-

SI Virender Tyagi

PIS No. 6677889


13.08.2019

55

ROAD CERTIFICATE


Investigation Officer

Name of Date Date Descrip Amount Signatu Remark

prisone and and tion of of diet re of s

r and time of time of money money Receivi

parent despatc arrival or other expend ng

age & h at propert ed on officer

offence destinat y sent account

of ions with of

which number prisone

accused & r &

by the weight witness

Police of each

with article

number

of

charge

sheets

1 2 3 4 5 6 7

CASE FIR NO. 334/2019 DT.12.08.2019 U/s 21/23/28/29 PS Special Cell

1. One sealed pullanda with sample of 05 ML mark B1 and seal of VT.

Date : 13.08.2019 -

Sd/-

Ct. Raj Singh

56

ACKNOWLEDGMENT OF CASE ACCEPTANCE

File No. FSL-2019/5438 Date of Receipt 12.08.2019

Memo No.5445 Date 13.08.2019

FIR No./D.D No.334/2019 Date 12.08.2019

P.S Special Cell

No. of Parcels/Items received/Suspects - 01

1. One sealed pullanda with sample of 05 ML mark B1 and seal

of VT.

Sd/-

Signature of Messenger

Name Ct. Raj Singh

PS Special Cell/Rohini

Sd/-

Signature For Director

57


Subject : Report u/s 57 NDPS act regarding seizure of 700

bottles of Phensedyl cough syrup of 100 ml each. Each

PHENSEDYL COUGH LINCTUS 100 ML bottle from

Possession of Mohd. Ashraf

Sir,





pharmaceuticals drugs of Phensedyl cough syrup of 100 ml each. Raiding

team was prepared and upon proving notice u/s 50 NDPS, Mohd Ashraf

was searched and narcotic manufactured drugs were found in his

possession of approximately 150 bottles. The samples also tested positive

for "Chlorpheniramine Maleate & Codeine Phosphate Cough Linctus”. The

FIR was registered against Mohd. Ashraf and he was arrested by the

undersigned. Case property mentioned above was handed over to Inspector

Rajinder Singh to PS Special Cell who counter sealed the case property

and same was deposited in Malkhana. Further investigation of case is

being conducted by undersigned who has arrived at spot at about 9:00 PM

in official Travera Car. Upon recording his disclosure statement, it was

58

discovered that they had one separate godown wherein more bottles were

stored. He stated that he has a godown of such 700 more bottles and his

partner/best friend is there protecting it. As we proceeded to the spot

pointed out by Mohd Ashraf, we apprehended Mayank Sharma and also

after giving him notice u/s 50 NDPS we searched the godown wherein 700

bottles were seized out of which 400 bottles were of of Chlorphenirmine


LINCTUS 100 ML (Batch No. PHB6412) and rest 300 were of


PHENSEDYL COUGH LINCTUS 100 ML (Batch No. PHB 6409). The said

liquid was then tested and it was found positive for "Chlorpheniramine

Maleate & Codeine Phosphate Cough Linctus”. 05 ML same were taken

out from two batch and were stored in separate bottle. Separate pullanda

was made and marked with seal VT. Samples were sent to FSL

department for investigation in pullanda with seal VT and rest of material

was sent to malkhana. The report for investigation is awaited. Submitted

please.

SD/-

SI Virender Tyagi

PIS No. 6677889


14.08.2019

59

[Stamp paper Rs. 50/- Non-Judicial]

LEASE AGREEMENT

This Lease Agreement is made at New Delhi on the 01st day of

December, 2018

BY AND BETWEEN

Mr.Lakhvinder Singh ,s/o Harvinder Singh, r/o 85, RajNagar Ext.

New Delhi-110078 hereinafter referred to as the “Lessor” (which

expression shall be deemed to include the successors, heirs,

administrators, legal representatives and permitted assigns) of the

FIRST PARTY

AND

Mohd. Ashraf and Mayank Sharma, and having its residence at

Dayalpur Delhi hereinafter called the “Lessee” (which expression

shall wherever the context permits be deemed to include the

successors and assigns) of the SECOND PARTY

WHEREAS

A. The Lessee has approached the Lessor for leasing premises

situated at Bhajanpura Chowk in the road towards Ghaziabad.

The Lessor being sole and undisputed owner of the said

premises showed his willingness to let the premises to the

60

Lessee, subject to the terms and conditions detailed in this

agreement.

B. The Lessor has represented that the aforesaid premises has

been constructed in accordance with (a) all the applicable laws

(b) plan sanctioned by the appropriate Government Authorities

and has obtained all approvals, certificates, permissions, no

objections and the like from the all the concerned/appropriate

authorities and other local bodies as applicable in respect of the

aforesaid premises.

C. The aforesaid premise is free from encumbrances including

charges, liens attachments and the like.

D. The Lessor has paid up to date property taxes in respect of the

aforesaid premises.

E. The Lessee carries on the business of marketing, distribution

and processing of plastic ophthalmic lenses and requires

commercial space in order to expand its business and increase

its marketing. To this end the Lessee has approached the

Lessor for a lease of portion of the building located at_

Bhajanpura Chowk in the road towards Ghaziabad., in all

admeasuring 200 sq.ft.. (hereinafter referred to as “Scheduled

Property”), more particularly described in the Schedule hereto.

61

F. The Lessor has agreed to lease the Scheduled Property and

permit the Lessee to use and possess the said Scheduled

Property for commercial and industrial purpose as stated above

together with its utilities as per the terms and conditions

contained in this deed.

NOW THEREFORE IN CONSIDERATION THE MUTUAL

COVENANTS AND CONDITIONS HEREIN CONTAINED THE

PARTIES AGREE AS FOLLOWS:-

1. GRANT OF LEASE: In consideration of the rent herein agreed

and payable by the Lessee in the manner set out in Clause 3

herein below, the Lessor does hereby demise by way of lease to

the Lessee, the Scheduled Property, more fully described in the

schedule annexed hereto.

2. TERM:

i. The term of the lease shall initially be for a period of 11

months commencing from 1st December 2018

(hereinafter referred to as “Term”), unless terminated

earlier pursuant to any provision hereof. If the Lessor

does not wish to renew the Lease, the Lessor may ask the

Lessee to vacate the Scheduled Property by issuing a

62

written notice of not less than four (4) months, before the

expiry of the running Term.

ii. The initial period of six months of the Term shall be

considered as Lock-in Period. During the said lock-in

period neither party shall be entitled to terminate this

agreement. In the event of termination of this agreement

during the said lock-in period, the terminating party

shall be liable to pay the balance rent of the lock-in

period as compensation to other party.

3. RENT

i. The Lessee shall pay to the Lessor, a monthly

rental amount of Rs. 15000/- (Rupees Fifteen

Thousand Only) as consideration for the use and

occupation of the Scheduled Property. The amount

specified herein as monthly rent shall be subject to

an escalation of 10% over the last paid Rent at the

end of every 11 months.

ii. The Rent shall be payable on or before 10th

working day of every succeeding calendar month.

63

4. SECURITY DEPOSIT

iii. Lessee has agreed to pay a sum of Rs. 200000/- (Rupees

Two Lakhs Only) as interest free refundable security

deposit (hereinafter referred to as " Deposit").

iv. The Security Deposit shall not be liable for any increase

or escalation at any time during the Term or extended

period. The said Security Deposit shall be paid by way of

cash and the Lessor hereby acknowledges the receipt of

the above amount.

v. The Lessor shall hold the Security Deposit during the

term of this lease as security against the due

performance by the Lessee of its obligations under this

Lease Deed and shall refund the entire (without any

deductions whatsoever) Security Deposit mentioned

above upon the expiry or earlier termination of this

Lease Deed. Upon repayment of the Security Deposit in

the manner above mentioned, the Lessee shall vacate

and handover the possession of the Scheduled Property.

64

5. INDEMNITY

vi. Mutual Indemnity

a. The Lessor shall indemnify and hold the Lessee

harmless from and against any and all liabilities,

claims and/ or losses of any kind arising directly or

indirectly, either entirely or in part, resulting from

any acts and or omission on part of the Lessor

concerning the Scheduled Property and/or by

virtue of any suit, proceeding or claims filed or

preferred by any person, financial institution, or

bank, or any agency or association of persons or

statutory authority, judicial/quasi judicial

authority in respect of the Scheduled Property,

due to which Lessee's business in the Scheduled

Property is affected / closed and/ or hindered

thereto.

b. The Lessee shall indemnify and hold the Lessor

harmless against all losses, damages, claims, suit,

proceedings, fines, arising directly from any act of

the Lessee in carrying out its business at the

Scheduled Property, which substantially affects

65

the use of the Scheduled Property, due to which

Lessor suffers / incurs any loss or damages from

such direct acts of the Lessee.

vii. Specific Indemnity

a. The Lessor hereby agree and undertake to

indemnify and hold the Lessee harmless, in

respect of any action or objection by any person or

statutory authority regarding the exclusive and

peaceful use by the Lessee of the Scheduled

Property and facilities comprised therein and

against any claims, demands, penalties,

whatsoever that may be occasioned thereby or any

hindrance or obstructions being caused in the

quiet and peaceful use and enjoyment by the

Lessee of the Scheduled Property. The Lessor shall

also indemnify and hold the Lessee harmless in

respect of any objections raised by any government

official or any other party in respect of the

peaceful occupation and use of the Scheduled

property for the purpose declared by the Lessee

herein.

66

b. In particular, the Lessor shall, during the term of

this Lease and while the Scheduled Property is in

the possession of the Lessee by virtue of this Lease

Deed, indemnify and save harmless against all

claims, expenditure and costs including business

interruption/ loss, relocation of the Lessee, made

against, incurred or suffered by the Lessee due to

any lacunae in the title of the Lessor to the

Scheduled Property or deficiency in conversion of

the plot used for construction of the Scheduled

Property from agricultural to industrial; and/or by

virtue of any suit, proceeding or claims filed or

preferred by any person, financial institution or

bank, governmental authority or any agency or

association of persons, statutory authority,

judicial/quasi judicial authority against the Lessee

in respect of the Scheduled Property.

6. SUBLETTING AND ASSIGNMENT: The Lessee shall not

sub-let the Scheduled Property any other person or entity

during the term of the lease without the prior written consent

67

of the Lessor. Such consent shall not be unreasonably withheld

by the Lessor.

7. MAINTENANCE OF THE SCHEDULED PROPERTY: The

day-to-day maintenance shall be the responsibility of the

Lessee. However, the Lessor shall, at its own cost and expense

be responsible for carrying out all the necessary major repairs

and maintenance work pertaining to the Scheduled Property,

including, without limitation, damage in roof, structure,

foundation, wall collapse or cracks, bursting of water pipes,

fault in drainage system, leakage of electricity and the like.

8. The Lessee shall pay for all electric energy consumed as

recorded by a separate meter installed therefore in the

Scheduled Property, directly to the respective authorities and

give copies of the receipts of such payments to the Lessor for its

records

9. Lessor hereby represents that there is no mortgage, lien,

hypothecation, encumbrance, charge, easement or any other

third party right in respect of the Scheduled Property (or any

part thereof). Further, the Lessor shall not mortgage, create

charge, lien, hypothecation, or any other encumbrance of

68

whatsoever in nature on the Scheduled Property, without the

prior written consent of the Lessee.

10. Lessor hereby represents that there are no actions, suits or

proceedings pending after due inquiry that are threatened at

law or in equity or before any governmental/local/municipal

authority, court, or judicial or quasi judicial authority which

affects or may affect the Scheduled Property or the lease

arrangement made under this Lease Deed and/or leasehold

rights of the Lessee.

11. The Lessor hereby permit the Lessee to install furnitures,

fixtures, fittings, and partitions including Air conditioning

units, slotted angle storage structures, ducting for electricity

and air conditioning in the Scheduled Property at its own cost

and expense provided that no such alterations will result in any

structural damage to the building on the Scheduled Property or

to any of the constructions thereon.

12. Payment of all property/house and other taxes, assessments,

cess and other charges and all outgoings imposed or levied upon

in respect of the Scheduled Property, including the

maintenance charges or its use thereof shall be the

responsibility of the Lessor at all times and the Lessee shall

69

have no liability whatsoever in this regard. However, in the

event that the Lessor fail to pay such taxes or other dues the

Lessee may, at its option, pay the same and the payments so

made shall be deducted by the Lessee from the monthly rent

payable to the Lessor.

13. The Lessor shall deliver to the Lessee peaceful, vacant and

unfettered possession of the entire Scheduled Property with the

modifications and the live and operational electricity connection

as stated herein above, failing which this Lease Deed shall be

terminable forthwith by the Lessee and the Lessor shall return

the Security Deposit immediately without any deductions

whatsoever.

14. Upon the expiry or earlier termination of this Lease and in the

event the Lease is not renewed any further, the Lessee shall,

after the Lessor return to the Lessee the amounts advanced as

Security Deposit, pay all charges for the consumption of

electricity up to that date and at its own expense remove its

goods and effects and hand over the peaceful vacant physical

possession of the Scheduled Property in the same condition as

the same were at the commencement of this lease, reasonable

wear and tear excepted.

70

15. The Lessee shall permit the Lessor, at any time during normal

working hours, to enter into the Scheduled Property for the

purpose of inspecting the building and the structures in the

Scheduled Property after the Lessor have given the Lessee

prior written notice of such intention to inspect.

16. The Lessee shall not carry out any structural or permanent

alterations in the Scheduled Property without previous written

approval of the Lessor; however such consent shall not be

withheld unreasonable.

17. JURISDICTION: Any controversy or claim arising out of or

relating to this Deed, or any breach or alleged breach thereof,

will be brought before the local jurisdiction of Civil Court,

Kolkata.

18. REGISTRATION: The cost of stamp paper, and other

incidental expenses in connection with execution of this Lease

Deed shall be borne by both the parties equally. The original

Lease Deed shall remain in the possession of the Lessee and a

certified copy thereof shall be retained by the Lessor.

19. DEFAULT: In the event of the Lessee failing to pay the

undisputed Rent for more than three consecutive months, the

Lessor shall be entitled to give the Lessee notice of such default

71

and the Lessee, within a period not exceeding 45 days of the

receipt of such notice, fails to rectify such default, the Lessor

may terminate this lease by giving the prior written notice of

not less than three months.

20. Both the parties shall be entitled to terminate this Lease

without assigning any reasons thereof by giving the four (4)

months advance notice in writing of its intention to so

terminate this Lease. Such termination would be allowed only

after the said lock-in period.

21. The Lessor shall forthwith upon termination of the Lease in

any of the circumstances mentioned under this Deed or

otherwise, refund to the Lessee, entire Security Deposit, any

balance of the unadjusted Rent lying with the Lessor against

possession of the Scheduled Property being handed over by the

Lessee to the Lessor. In the event the Lessor fails to refund the

Security Deposit or the unadjusted Rents as stipulated above,

the Lessee shall be entitled to retain the possession of the

scheduled Property until such time till the Lessor refund entire

Security Deposit advanced and shall also be entitled to an

interest thereon at the rate of 24% p.a. from the date on which

such amounts become payable to the Lessee. In the event

72

Lessee continues to occupy or withhold the possession of the

Scheduled Property as aforesaid, than such occupancy or

withholding of possession shall not be construed as unlawful or

illegal possession.

IN WINESS WHEREOF, the parties hereto have set their

respective hands to these presents on the day, month and year first

above mentioned.

Sd/-

Sd/-

Sd/-

(LESSEE)

(LESSOR)

Lakhvinder Singh

Mohd Ashraf, Mayank Sharma

Sd/-

Sd/-

WITNESS

WITNESS

73

FORENSIC SCIENCE

LABORATORY NEW

DELHI

Report No. FSL/2019/44 Date: 01/12/2019

FIR NO. 334/2019 DT.12.08.2019 U/s 21/23/28/29 PS Special Cell The

request for the conducting the Forensic Science Laboratory Report

(FSL Report) was received from the Special Cell, Rohini Police

Station and upon the receipt of various evidences from the police

station, the following report is prepared by performing various tests.

Exhibits for the Forensic Chemical Tests

Exhibit ‘A’-One sealed pullanda sealed with seal of ‘JT’ and ‘RSS’

marked as A1.

Exhibit ‘B’-One sealed pullanda with sample of 05 ML mark B1 and

seal of VT.

Analysis

The analysis revealed that the they are manufactured and developed

drugs. Such drugs were tested the samples tested positive for

Morphinan-6-ol,7,8-didehydro-4,5-epoxy-3-methoxy-17-methyl-(5α,

74

6α)-, sulfate (2:1) (salt), trihydrate. Its empirical formula is

C18H21NO3 [Codeine Phosphate]. The purity percentage was found

to be 0.20% and 0.22% respectively having density of solution 1.2251

and 1.2237 respectively.

Thus this was the conclusion of the analysis that is done.

Sd/-

(Chemical Analyst Forensic)

Sd/-

(Directorate FSL)

(SUCH REPORT IS ADMISSIBLE AS PER SECTION 293

CrPC, HOWEVER, THE ANALYST MAY BE AVAILABLE

FOR EXAMINATION PURPOSES)

75


COURT


S/V:- (1) Mohd. Ashraf S/o Rahim Khan

(2) Mayank Sharma S/o Rohtak Sharma

Date of Arrest : 12.08.2019

SUBJECT: REQUEST FOR JUDICIAL REMAND FOR 14

DAYS Honourable Sir,

It is submitted that the accused, so above mentioned, has

been arrested on the above mentioned date. In the above case, the

investigation is still in progress.

It is prayed before the Court that the accused should be

remanded to the judicial custody for 14 days such that the

interrogation could be done and investigation could be completed.

Submitted Please

APPLICANT

P.S Special Cell, Rohini

DT.13.08.2019

Order : Request Allowed, No bail application presented or filed.

Remand for 14 days. NDOH - 27.08.2019

Sd/- ASJ, Rohini Delhi

76


COURT




Date of Arrest: 12.08.2019

SUBJECT: REQUEST FOR JUDICIAL REMAND FOR 14 DAYS

Honourable Sir,


been arrested on the above-mentioned date. In the above case, the





Submitted Please

APPLICANT


DT.27.08.2019



Sd/- ASJ, Rohini Delhi.

77


COURT






Honourable Sir,







Submitted Please

APPLICANT


DT.10.09.2019




78


COURT






Honourable Sir,







Submitted Please

APPLICANT


DT.24.09.2019




79


COURT






Honourable Sir,







Submitted Please

APPLICANT


DT.08.10.2019




80


COURT






Honourable Sir,







Submitted Please

APPLICANT


DT.22.10.2019




81


COURT






Honourable Sir,







Submitted Please

APPLICANT


DT.05.11.2019




82


COURT






Honourable Sir,







Submitted Please

APPLICANT


DT.19.11.2019




83


COURT


S/V: - (1) Mohd. Ashraf S/o Rahim Khan




Honourable Sir,







Submitted Please

APPLICANT


DT.03.12.2019




84

APPLICATION FOR BAIL

(Under section 438 of the Code of Criminal Procedure, 1973)

In the Court of Additional Sessions Judge, Patiala House Court

Criminal Case No. 334/2019.

Mohd. Ashraf & Ors. Applicant

v.

State of NCT of Delhi Respondent

Under section 21/23/28/29 NDPS Act

MOST RESPECTFULLY SHOWETH.

On behalf of the Applicant it is most respectfully and humbly shown

as follows-:

1. That the Applicant Mohd. Ashraf and Mayank Sharma have

been charged for the above said offences for possession of

PHENSEDYL COUGH LINCTUS on 12/08/2019. Subsequently,

the applicants were arrested.

2. That according to the applicants, they were coerced by the

police in order to make statement in front of them regarding the

85

possession of above-mentioned articles. The applicants contend

that such statement was made under fear of life that was

imposed by the police officials

3. As such, the Applicant(s) has a reasonable apprehension that

the Complainant may be implicated in a “baseless and

meaningless” charge. The applicant(s) is innocent and is falsely

implicated due to sheer suspicion. The very point of conviction

was either enmity or suspicion that is to be proved in the court

of law.

4. That the Applicant(s) don’t have any past criminal records and

is deemed clean and not a convict.

5. That the applicant has no desire to evade the due process of law

and shall face the trial and consequences following it to

vindicate their innocence.

6. That the Applicant(s) undertakes not to misuse the bail and he

also undertakes to abide by the terms of the bail orders failing

to comply with, will result in penal consequences.

7. That the Applicant(s) have not filed any other bail application

under section 438 of the Code of Criminal Procedure in this

Hon’ble Court.

86

PRAYER

It is, therefore, most respectfully prayed to the Hon’ble Court that

this Hon’ble Court may be pleased to direct to release the applicant

on bail in the event of his arrest directing the Police official of the

concerned Police Station for such amount of money as this Hon’ble

Court deems fit to fix.

Prayed Accordingly.

Applicant

.

through

Counsel

Date: 15/08/19 ADVOCATE FOR THE APPLICANT

87

ORDER-SHEET

IN THE COURT OF ADDITIONAL SESSIONS JUDGE, PATIALA

HOUSE

FIR No. : 334/2019

Under Sections : 21/28/29 NDPS

Police Station : Special Cell

CNR No. : DLST02-000697-2019

State

v.

Mohd. Ashraf & Ors.

Date of Institution : 12/08/2019

That the Bail Application No. 880/2019 has been disposed of after

hearing both the parties on merit. The arguments advanced by the

petitioner related to the coercion that was inflicted by the police

officials in lieu of recording the statement, was found erroneous and

hence not accepted. Further, the Investigating Officer has been

directed to speed up the investigation and file the challan as soon as

possible. Matter disposed with no cost affecting both the parties.

Sd/