Aggrieved thereby, the appellant preferred yet another application for bail before the High Court on 4.6.2007 which too was dismissed on 7.6.2007.
Notice was issued on the Special Leave Petition on 30.7.2007 by a Division Bench numbericing a companytention raised by Mr. Tulsi that service providers such as the two companypanies which were intermediaries were protected from prosecution by Section 79 of the Information Technology Act, 2000.
Com and it revealed that XPONSERX.COM was registered to Xponse IT Services Pvt Ltd, Sanjay kedia, 29B,Rabindra Sarani, 12E,3rd floor, Kolkata, WB 70073.
And these were DELIVEREDMEDICINE.COM AND TRUEVALUEPRESCRIPTIONS.COM.
According to the bank records, funds have been wired from Brothers pharmacy, Incs Washington Mutual Bank Account 0971709674 to Xponse IT services Pvt Ltd, ABN AMRO bank account No.1029985, Kolkata.
The present appeal has been filed against this order.
LessRx.com has been identified as a back end site which was being utilized to process orders for pharmaceutical drugs through Brotherspharmacy.com.
The LessRx.coms website hosting companypany was identified as Pacom Web Pvt Ltd, C 56/14,1st Floor, Institutional Area, Sector 62, Noida 201301.
Review indicated that these two websites were internet pharmacies.
It appears that a bail application was thereafter filed by the appellant before the Special Judge which too was rejected on 28.5.2007 with the observations that the investigation was still in progress.
Of Palcom Web Pvt Ltd.indicates that He maintained the websites on behal of Xponse.
Two websites were featured on the XPONSEIT.COM websites as featured clients.
The following websites were also utilizing this IP address ALADIESPHARMACY.com, EXPRESSPHENTERMINE.com, FAMILYYONLINEPHARMACY.com ONLINEEXPRESSPHARMACY.com, SHIPPEDLIPITOR.com Domain name Servers for LessRx.com IP address 203.86.100.95 were NS.PALCOMONLINE.com and NS2PALCOMLINE.com.
LessRx.coms registrant and administrative companytact was listed True Value Pharmacy located at 29B, Rabindra Sarani, Kolkata, India 700073.
Ltd. XIT on 22.4.2002 and 8.9.2004 respectively which were duly incorporated under the Indian Companies Act, 1956.
The appellant thereafter moved a second bail application before the High Court on 16.4.2007 which too was dismissed with the observations that the enquiry was at a critical stage and that the department should be afforded sufficient time to companyduct its enquiry and to bring it to its logical companyclusion as the alleged offences had widespread ramifications for society.
Sanjay Kedia entrusted the hosting work to Palcom at VSNL, Delhi.
1659 OF 2007 SLP Crl.
Drug Enforcement Administration DEA , USA companyducted a whois reverse lookup on domain name XPONSERX.COM was at domaintools.
We have heard learned companynsel for the parties at length.
Deliveredmedicine.com A review of the Xponses website XPONSEIT.com was companyducted and observed and advertisement for XPONSERX.
Telephone number91 9830252828 was also provided for Xponse.
An affidavit in reply has also been filed on behalf of the respondent NCB and a rejoinder affidavit in reply thereto by the appellant.
These servers have been seized.
O R D E R CRIMINAL APPEAL NO.
LessRx.coms IP address is 203.86.100.95.
Brother Pharmacy.com and LessRx.com Brothers pharmacy.com, online pharmacy was identified as a marketing website front end for pharmaceutical drugs.
Telephone No.033 2335 7621 which is the address of Sanjay Kedia.
That XPONSERX was described as a software platform developed for the purpose of powering online pharmacies.
3892 of 2007 HARJIT SINGH BEDI, J. Special Leave granted.
Xponserx was designed to process internet pharmacy orders by allowing customers to order drugs.
Voluntary statement of Shri Ashish Chaudhary, Prop.
The appellant Sanjay Kumar Kedia, a highly qualified individual, set up two companypanies M s. Xponse Technologies Limited XTL and M s. Xponse IT Services Pvt.
On 1.2.2007 officers of the Narcotics Control Bureau NCB companyducted a search at the residence and office premises of the appellant but found numberhing incriminating.
He was also called upon to appear before the NCB on a number of occasions pursuant to a numberice issued to him under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 hereinafter referred to as the Act and was ultimately arrested and the bank accounts and premises of the two companypanies were also seized or sealed.
On 13.3.2007 the appellant filed an application for bail in the High Court which was dismissed on the ground that a prima facie case under Sections 24 and 29 of the Act had been made out and that the investigation was yet number companyplete.
