The Directorate of Revenue Intelligence registered a case against C.K. Bishnoi, P.V.Satyanarayana Raju and Ramesh Kumar Samra for the offences punishable under sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for short NDPS Act .
The Metropolitan Sessions Judge, by order dated December 15, 2006, partly allowed the application of the respondent after perusing the medical record and holding that the presence of an advocate at the time of interrogation of the respondent by the DRI officials is necessary to ensure free and fair interrogation.
R.C. No.300 of 2007 by which the High Court dismissed the criminal revision filed by the appellant and affirmed the order of the Metropolitan Sessions Judge dated December 15, 2006, directing that any interrogation of the respondent may be held only in the presence of his advocate.
On July 20, 2006, the officers of the Directorate of Revenue Intelligence for short DRI Hyderabad, raided the premises of M s Hy Gro Chemicals Pharmatek Private Ltd. and found a shortage of 250kgs of Dextropropoxyphene Hydrochloride DPP HCL .
On the next day, i.e., July 21, 2006, a search was carried out at the Cargo Complex of the Indira Gandhi International Airport, New Delhi, and five drums companytaining DPP HCL were discovered.
In this background, the respondent filed an application for anticipatory bail under section 438 of the Code of Criminal Procedure which was allowed by the Metropolitan Sessions Judge by order dated December 1, 2006, on the ground that the respondent was number shown as an accused in the case and, therefore, the bar under section 37 of the NDPS Act did number apply to him and further, the medical record filed by the respondent showed that he had been suffering from heart disease and had already undergone heart surgery on two occasions.
Unable to withstand the torture, the respondent suffered a heart attack and was moved to a hospital.
M.P. No.5772 of 2006 praying for cancellation of the anticipatory bail granted to the respondent.
Aggrieved by the order of the Metropolitan Sessions Judge dated December 1, 2006, the appellant moved the Andhra Pradesh High Court in Crl.
According to the respondent, on November 5, 2006, when he, accompanied by his brother and another person arrived at the DRI office in, Hyderabad, at 1030pm, they were tortured by the DRI Officials.
The respondent was discharged on November 7, 2006 and advised companyplete bed rest for a month.
On examination of the cargo it was found that the companytraband was manufactured by M s Hy Gro Chemicals Pharmatek Pvt.
After the grant of anticipatory bail, the respondent filed another application under section 438 2 of the Cr .P. C. for modification of the order of anticipatory bail to the extent that the interrogation and examination of the respondent be companyducted in the presence of his advocate and a cardiologist.
C.K. Bishnoi accused number1 and P.V.Satyanarayana Raju accused number2 , the Managing Director and the Production Manager, respectively, of M s Hy Gro Chemicals Pharmatek Private Ltd., admitted that the drug was clandestinely cleared to M s J. K. Pharma Agencies, New Delhi, of which the respondent, Jugal Kishore Samra and his brother, Ramesh Kumar Samra accused number3 happen to be the partners.
AFTAB ALAM, J. Leave granted This appeal is directed against the judgment and order of the Andhra Pradesh High Court dated March 22, 2007 in Crl.
He was kept waiting for 2 days and was also given threats of third degree methods.
Ltd. and was sent to M s J.K. Pharma Agencies by wrongly declaring the companysignment as 5 Amino Salicylic Acid.
The facts and circumstances in which this appeal arises need to be numbericed first.
But he went directly to the DRI Office to enquire about the whereabouts of his brother.
While the statements of accused number1 and accused number2 had already been recorded under section 67 of the NDPS Act, the DRI officials summoned the respondent and his brother accused number3 .
