Srinagar: The Court of Special Judge, Narcotic Drugs and Psychotropic Substances (NDPS) cases, has convicted two persons from the city for acquiring and selling commercial quantities of psychotropic substances like Z-rex syrup and Zen-Cavit capsules in gross violation of the law.
Vinod Kumar, Special Judge (NDPS Cases) Srinagar, held “the prosecution has proved the guilt of accused No. 1, Mudasir Sultan Bhat @ Majid, of Bemina, beyond reasonable doubt under Sections 468, 471, and 420 IPC, warranting his conviction thereunder”.
However, as regards Accused No. 2, Feroz Ahmad Khan @ Jaja, of Bemina “the prosecution has failed to prove the offences under Sections 468 and 471/420 IPC due to lack of direct evidence linking him to forgery or use of forged documents, and he is acquitted of these charges,” said the judge.
According to the 156 page judgment order the accused No. 1 (Mudasir Sultan Bhat @ Majid) has been found guilty under Sections 8/22 read with 29 of the NDPS Act, and Sections 420, 468, and 471 of the Indian Penal Code, 1860 (IPC).
Accused No. 2 (Feroz Ahmad Khan @ Jaja) has been found guilty under Sections 8/22 read with 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). His bail has been cancelled, and he was directed to be taken into custody forthwith and sent to Central Jail, Srinagar.
According to the prosecution, the accused number one ran a business concern titled Hurairah Pharmaceuticals. He received consignments on a drug licence bearing licence no SW19327/28 (date of issue 25/04/2013 to 24/04/2018).
The license was however cancelled by the Deputy Drug Controller, Kashmir, on March 27, 2018.
Furthermore, the proprietor was receiving psychotropic substances from a paramedical company based in Delhi under the name and style Embit Biomedix, who in return have received consignments from drug manufacturing company — Vedit Healthcare.
Furthermore, the said proprietor has made payments of huge amounts of money to Embit Biomedix for obtaining the consignments of drugs, majority of which are psychotropic substances.
During the course of investigation, it also surfaced the said proprietor has not only received consignments of psychotropic substances on his business concern namely Huraira Pharmaceutical Company by manipulation of documents, he had also received illicit consignment of psychotropic substances on other business concerns namely NEW ADAM Paramedical Agency and Suhaib Pharmacy, and sold the same illegally among the young youth of Srinagar and adjacent areas, stated the prosecution.
Investigation with regard to the involvement of the proprietors of NEW Adam/Suhaib Pharma is going on, it said.
Mudasir Sultan Bhat @ Majid “with criminal intention provided tampered drug licence to Embit Biomedix for receiving subsequent illegal consignments of codeine phosphate,” it added.
That documents provided by Embit Biomedix and bank statements established that accused Mudasir Sultan Bhat @ Majid had received 1,52,810 bottles of codeine phosphate from Embit Biomedix within one year and has made payments to the tune of Rs 80 lakh (approx.) to Embit Biomedix from is different bank accounts.
The court found “the facts and the circumstances and the evidences collected during the course of investigation in the instant case establishes the involvement of the proprietor of Huraira Pharmaceuticals Company namely Mudasir Sultan Bhat @ Majid and his other accomplices/main network handlers namely Feroz ah khan @ Jaja, S/O Ab. Samad R/O Muslim Abad Bemina; Waseem Ahmed Lone, S/O Mohammad Subhan Lone R/O Nundrishi Colony Bemina; Faizan Ahmad Makaya @ Faisal, S/O Shabir Ahmed Makaya R/O Usman Abad Bemina, of receiving the illicit consignments of psychotropic substance and thereafter supplying the same among the youth of the district Srinagar and other adjacent areas”.
Despite conducting several raids at their residence and other locations, the two accomplices — Waseem Ahmad Lone and Faizan Ahmed Makaya — are still at large as they are avoiding their arrest.
The examination of facts and circumstances and the evidence collected and placed on record establish offence U/S 8/22 of NDPS act 420,469, 471 IPC and point to complicity of main accused person — Mudasir Sultan, while section 8/22, 29 of NDPS Act were proved against the other associates of main accused of Mudasir Sultan Bhat @ Majid.
