Supreme Court lawyer Munjal said that police will have to answer everything in the court
Manufacturing company does not come under the ambit of NDPS Act
Harinder Nikka Barnala 22 September 2020
The father-son duo, arrested from Delhi by CIA police of Barnala under the supervision of Pragya Jain ASP Mahal Kalan on August 27 in the drug smuggling case named clovidol Emperor, has now increased the difficulties of the Punjab Police. Supreme Court lawyer Sahil Munjal, who is representing the case of New tech Healthcare Pvt Ltd Narela Delhi director Gaurav Arora and his father Krishna Arora, said, “There is no one above the law.” It is mandatory for every citizen of the country, including police and courts, to follow the law. He said that the Barnala police have arrested Gaurav Arora and Krishna Arora in an illegal case registered under NDPS Act. Whereas New tech Healthcare Pvt Ltd is a manufacturing company, does not come within the scope of the NDPS Act, 1985. He had filed several such documents in Barnala court on 8 September. In which it is clear that the NDPS act on the manufacturing company does not apply at all.
All the drugs caught are basically Pain-killer
Advocate Sahil Munjal said that the medicines which were seized by the Barnala police from the factory of New tech Health Care Company, In fact these drugs are only pain relievers. There is no restriction on sale in any state of the country except the state of Punjab. If the Punjab Police had confiscated these drugs in any part of Punjab, they could be considered illegal as supplies to Punjab. But the police have recovered these drugs worth 15 crores from Delhi itself. Where there is no restriction on the sale of these drugs. He said that the same medicines are also used in all AIIMS hospitals in the country. He said that the Punjab Police had no legal right to seize these drugs. In this way, the police created to protect the law, themselves dismantled the law, for which the police will have to stand in the dock and answer.
Company has license to manufacture unlimited medicines
Lawyer Sahil Munjal has also denied the police claim that the Arora father-son duo prepared more medicines than the prescribed quota and supplied them in 17 states of the country. Munjal said that the company has license to manufacture unlimited medicines. According to the rules, company can prepare as many medicines which is required for supply. He said the police illegally recovered medicines worth Rs 15 crore from the company’s factory. While the company had filed the returns by giving details of these to the concerned department officials before arrest. There is nothing illegal in this. He said that Krishna Arora, whom the police named as clovidol Emperor, in fact had nothing to do with the company’s business. Gaurav Arora is a director of the company.
Drugs and Cosmetics Act applied to the company, Drug Inspector only authorised for action
Advocate Munjal said that if the New tech Healthcare Pvt Ltd company was actually acting against the rules and laws, it could be sued under the Drugs and Cosmetics Act. He said that the latest judgment of Justice Kaul of the Supreme Court clearly stated that the police do not have the authority to take any action against the drug manufacturers, only the Drug Inspector is the authority for the action. He said that on 8 September, the police had gone to the Honourable Barnala court to seek 14 days police remand for interrogation of Gaurav Arora and his father Krishna Arora. But after keeping all the facts in the court, the court gave him only two days of police remand. However, even during the 2-day remand prior to this, the police could not recover anything from both the accused named.
Barnala police ignored Justice Basu’s guidelines
Lawyer Sahil Munjal said that the police of every state of the country has issued some necessary guidelines on behalf of Justice DK Basu to arrest any accused. Which the police are obliged to abide. But the Punjab Police ignored Justice Vasu’s guideline and did not even inform any close family member of the accused at the time of his arrest. According to the instructions of Justice Basu, after the arrest of an accused from a state, the accused should be produced in the nearest court there. But the Barnala police did not produce both the arrested persons in a Delhi court. In this way many other important instructions have also been violated.
Not following the instructions of Justice Basu, will “Contempt of Court”
Advocate Munjal said that non-compliance with the instructions issued by Justice Basu comes under the jurisdiction of the Court of Contents. He will soon file on behalf of his client in the Hon’ble Supreme Court, Contemporary Court. He said that he would force the Punjab Police to act in accordance with the law through a legal fight so that they do not take any illegal action against any person.
