Obliteration of batch numbers on psychotropic medicines precludes licensed pharmacist from claiming protection under medical licensing for bail.

The applicant, a registered pharmacist and proprietor of S.K. Medical Store, was arrested on 25.02.2026 following a raid conducted by the Drug Department and police officials

During the search of the shop and the applicant's residence, authorities recovered a large quantity of psychotropic substances, including Alprazolam and Tramadol-based medicines

The applicant moved for bail, contending he was falsely implicated, possessed a valid license, and that CCTV footage showed a third party (Shahrukh) delivering the substances without the applicant's knowledge of the contents

The State opposed bail, citing the recovery of commercial quantities, erased batch numbers on medicine packaging, and digital evidence (CDR/WhatsApp) showing continuous contact with the co-accused regarding drug sales

1. Whether the applicant is entitled to bail under the NDPS Act, considering his status as a licensed pharmacist and the circumstances of the recovery

2. Whether the quantity of seized psychotropic substances attracts the rigorous conditions for bail under Section 37 of the NDPS Act

The Court applied Sections 8 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), which prohibit the possession of psychotropic substances except for medical/scientific purposes

The court specifically invoked the rigors of Section 37 of the NDPS Act, which mandates that for commercial quantities, bail can only be granted if the court is satisfied there are reasonable grounds to believe the accused is not guilty and is unlikely to commit further offenses

Additionally, the court considered the principle that at the bail stage, a detailed mathematical or chemical analysis of the substance is not required if the material prima facie establishes commercial quantity

The Court observed that despite the applicant’s status as a licensed pharmacist, the recovery of medicines with erased or obliterated batch numbers (using black markers) was inconsistent with lawful medical stocking

The Court rejected the applicant's reliance on CCTV footage, noting it actually supported the State’s case by showing the delivery from a co-accused and confirming the presence of a woman officer during the search, thereby negating procedural objections

Regarding the quantity, the Court found that the recovery of 745.8 grams of Alprazolam and various Tramadol-based medicines prima facie constituted "commercial quantity," thereby triggering the strict limitations of Section 37

The existence of WhatsApp chats and CDR details indicating communication between the applicant and co-accused Shahrukh regarding prohibited drugs further bolstered the State's allegation of conscious possession

The court found that the circumstances, particularly the obliterated batch numbers and digital evidence, outweighed the applicant’s claims of legitimate trade; the bail application was accordingly rejected