Chief Statement

Name of witness: Lav Kumar Singh, currently posted as Intelligence officer, NCB, Mumbai zone.

Date:- 10/06/2016                 

The witness states on oath that he was posted at NCB, sub zone Dehradun between year 2011 and 16th April 2016. From Feb 2012 he was posted at subzone Dehradun and functioning there and before that Lucknow used to oversee the working of Subzone Dehradun.

On date 14/03/2013, zonal Director NCB Delhi, Zonal Unit New Delhi sent information to Subzone Dehradun NCB that on 24/02/2013 Manipur police seized a huge consignment of pseudoephedrine tablets which were being smuggled across the Myanmar border. Six people were arrested with this consignment including an army officer. The seized consignment contained Tablets Hilcold-T which were manufactured by Daffohils laboratories (P) ltd, F109-110 UPSIDC Industrial Area, Selaqui, Dehradun.

On receiving this information, the Superintendent NCB Subzone Dehradun appointed IO Vivek kumar Pandey as the investigating officer for the investigation of this matter, and the initial investigation were completed by I0 Vivek Pandey. This correspondence is dated 14th march 2013 and is annexed on page no. 4A and on this day itself Vivek Pandey was appointed on the IO. Our Superintendent has marked this letter itself with the instruction for appointment of IO and below that are his signatures.

During the initial investigation, Daffohils is a pharmaceutical based manufacturing company with a unit at Selaqui, Dehradun which was in the business of manufacturing medicines for the past many years. Mr. Inderpal Singh Chawla was the main director at the time of his statement under 67 NDPS Act by the previous investigation officer. Mr. Inderpal Singh Chawla had started in his statements that he had signed as MOU on 15/06/2012 with Dr. Vjay Premchand Agarwal was made a director of Daffohils Laboratories (P) ltd and he was the managing director also. According to his 67,  NDPS statement, Inderpal stated that after the MOU was signed he was not permitted to enter the factory. According to this same statement, Ms. Colette Nicole Smith, who was is a US citizen was also a director in Daffohils. According to 67,  NDPS statement, he also stated that after MOU was signed, Dr Vijay Premchand Agarwal was responsible for all activities concerning Daffohils. Inderpal Chawla also stated this in his 67,  NDPS statement that Dr. Vijay Premchand Agarwal used to run and control the factory through Colette Smith and In charge operation Mr. Rajesh Mohan Salunke.

M/s Daffohils (P) ltd made pseudoephedrine based tablets between September 2012 and February 2013.

Date:- 12/07/2016

Continued from date 10/06/2016 onwards:

At the time these pseudoephedrine based tablets was being manufactured at Daffohils, the main person responsible at daffohils was Dr. Vijay Premchand Agarwal .This was stated by the INDERPAL SINGH CHAWLA  in his statement. At that time, a number of company related documents was received from INDERPAL SINGH CHAWLA by the IO that time, Vivek K Pandey. The documents which were received by Vivek Pandey are as follows:-

  1. Batch Manufacturing Records
  2. Sale Invoices
  3. Consignment Notes
  4. Licenses etc of the company.

He also told the MD of Daffohils at that time, Mr. INDERPAL SINGH CHAWLA to prepare some details so that it could be found out that how much pseudoephedrine the company purchased, how many batches were made out of it and who were they sold off To? In response to this, the MD at the time Mr. INDERPAL SINGH CHAWLA   provide these details in the form of a chart to the IO at that time, Vivek K. Pandey.


After going through those details, Vivek K. Pandey prepared a report and presented it to the Superintendent at that time. He found a few short coming in these reports which are as follows:-


  1. He said that batch no. DOR 1001 which was of Robocoff, had a batch size of 6 lakh tablets but 7 lakh 2 thousand tablets were made and sold on the invoice of Daffohils.
  2. Batch no. DOR 1002 of Robocoff had a batch size of 6 lakh tablets in which only 4,96,200 tablets were made
  3. Batch no. DOB 1007 of Robocoff B (m) had a batch size of 1 lakh tablets in which 1,72,000 was made
  4. Batch no. DHT-015 of Hilcold-T had a batch size of 5, 00,000 and 6,61,500 tablets were made and sold as the invoice of Daffohils.


The Investigating officer, Sh. Vivek Pandey, mentioned all the above shortcoming in a report and asked the MD at that time. INDERPAL SINGH CHAWLA to respond to this; to which INDERPAL SINGH CHAWLA responded that when these batches were made, at that time, the company was being run under the instructions of Dr. Vijay Premchand Agarwal , Colette Nicole Smith  and Rajesh Mohan Salunke. He also said that at time, he was not allowed inside the company. He said that the MD at the time, Dr. Vijay PremChand Agarwal had prohibited INDERPAL SINGH CHAWLA from entering the factory. Due to this INDERPAL SINGH CHAWLA said he had no knowledge of what was happening inside the company and  that the above mentioned query should be put up to Dr. . Vijay Premchand Agarwal  , Colette Nicole Smith   & Rajesh Mohan Salunke , who would be able to give a better response. All these facts were mentioned by INDERPAL SINGH CHAWLA in his 67,  NDPS statement to Vivek K. Pandey.


After this, Vivek Pandey started investigation as the facts stated in INDERPAL SINGH CHAWLA statement  Vivek K. Pandey started finding out  about the other director of the company, Colette Nicole Smith – It was found during Investigation that Ms. , Colette Nicole Smith   & Dr. Vijay Premchand Agarwal  was running an NGO, Bella Health Care from Nehru Colony, Dehradun. After finding this out, Vivek Pandey visited the NGO and was informed by the staff there that the NGO was being run by Dr. Vijay Premchand Agarwal   & Ms. Colette Nicole Smith . When Vivek Pandey expressed a wish to meet Dr. Vijay Premchand Agarwal   & Colette Nicole Smith, he was informed by staff that Vijay Premchand Agarwal   & Colette Nicole Smith were nor at the NGO and were out of India. Vivek Pandey informed about this to the Superintendent and mentioned this to his report also.


Vivek Pandey visited the NGO, Bella Health again and was once again informed by the NGO staff that both Colette Nicole Smith & Vijay Premchand Agarwal   were out of India. Vivek Pandey then requested the NGO staff to ask Vijay Premchand Agarwal   & Colette Nicole Smith upon their return to cooperate in the investigation. But till the time, Vivek Pandey was the investigating officer none of these two presented themselves for the enquiry.


Date 13/07/2016

After this, this enquiry was handed over to me in July 2014. When this case was handed over to me, I scrutinized all documents and reports collected and prepared by Vivek Pandey I  then discussed this case with my Superintendent Mr. Ravi K. Rana and visited the premises of M/s Daffohils Laboratories (P) ltd. along with him. During this visit, the MD of Daffohils, INDERPAL SINGH CHAWLA was questioned and he said that he had given a statement under 67,  NDPS and also provided numerous documents.

After this visit, I scrutinized all docs collected during this visit and also all reports made by the previous investigating officer. The following facts came to light after my scrutinity that between September 2012 & Feb. 2013, the pseudoephedrine used to manufacture tablets was sold to the following firms on the invoice of Daffohils:-

  1. Mehak
  2. Omega
  3. Om Sai, Ranchi
  4. Hari Om, Ranchi
  5. Sri Ram
  6. Sanjeevni
  7. Pooja Pharma
  8. Alice
  9. Gautam
  10. Balaji
  11. Park
  12. HP
  13. GSK
  14. Ryan
  15. Shivam

After this, I issued a summons to all these firms for their voluntary statements. Apart from these, I also summoned various employees and people for their voluntary statement under 67,  NDPS.


On 30/07/2014 proprietor of Ryan Pharma, Shadab Ahmed came to NCB and gave his voluntary statement. His voluntary statement is annexed as no. 71क/1 – 71 क/3.The head note of the statement is written by me and the matter written under the underline is Shadab Ahmed’s voluntary statement written in his own handwriting and signed in my presence as per sec 67,  NDPS Act. The voluntary statement is signed by him on each page.


Shadab Ahmed the proprietor of Ryan Pharma has stated in writing in his voluntary statement that he doesn’t know the company named Daffohils and he has never conducted any business with this firm. He also stated that he doesn’t know any employee or any person related to Daffohils. He also said that he has never placed any PO to Daffohils and that nobody from Daffohils has ever met him or called him Shadab Ahmad has submitted his voter’s ID, the drug license of Ryan along with the receipt of renewal for which are also annexed as no. 71क/4 – 71 क/7 .


It is important to add here that Daffohils has stated that tablets made from 90 kg pseudoephedrine were sold to M/s Ryan pharma vide inr # DLPL-P-0212 dtd 24/01/2013and DLPL-P-0213 dtd 25/01/2013.While the proprietor of Ryan Pharma, Shadab Ahmad has denied purchasing any pseudoephedrine based tablets or any other medicine from Daffohils. This way, Daffohils has directly diverted 90 kg Raw Material Pseudoephedrine and fraudulently showed the same as sold to Ryan Pharma. This invoice of Daffohils is signed by Rajesh Mohan Salunke.


During Investigation, it was revealed that Dr. Vijay Premchand Agarwal had appointed Rajesh Mohan Salunke as the Director (operation)of Daffohils at that time, Rajesh Mohan Salunke  was running his own company by the name of kaizen Biotech. Seeing his involvement in Daffohils, he was summoned for presence under 67,  NDPS Act on 23/07/2014, 24/07/2014, 25/07/2014, 04/08/2014, 07/11/2014 and 24/12/2014. Between 23/07/2014 & 24/12/2014, Rajesh Mohan Salunke  gave his voluntary statement 6 times. Rajesh Mohan Salunke presented himself for voluntary statement for the first time on 23/07/2014 at NCB office, subzones Dehradun and gave his voluntary statement in writing in his own handwriting in front of me.


Those voluntary statements are in front of me those voluntary statements are annexed as pg no. 68 क/1-68 क/13 and marked as exhibit -2.The head note has been written by me and the voluntary statement written under the underline is Rajesh Mohan Salunke’s handwriting and all pages are signed by him. In this statement, he also continued this presence for the next day 24/07/2014 at 10:30 am to continue.


On date 24/07/2014, Rajesh Mohan Salunke presented himself in the NCB office again and gave his voluntary statement which is annexed as pg no. 69क/1-69क/7. Headnote is written in my handwriting while under the underline, the writing is of Rajesh Mohan Salunke who has signed on the bottom of each page and marked as exhibit -3. He also continued his presence on 25/07/2014 at 11:00 for continuance of the statement.


On date 25/07/2014, Rajesh Mohan Salunke presented himself for the remainder of his statement which is annexed as pg70क /1-70क /2.The head note is my handwriting while the writing under the underline is of Rajesh Mohan Salunke , who has signed on the bottom of each page and marked as exhibit -4. This statement was also not completed and he confirmed his presence on 28/07/2014 at 10:30am.


After this, Rajesh Mohan Salunke presented himself for his voluntary statement an 04/08/2014 for the remainder of his voluntary statement in front of me which is attached as pg. no. 73 क/1-73 क/8 in which the payments of Daffohils which were received in Kaizan Biotech a/c were also detailed and marked as exhibit -5                                                                                                                                                                                                                On 7/11/2014, Rajesh Mohan Salunke  came to NCB for his voluntary statement which are annexed as pg 75क /1-75क /6 whose head note is written in Vivek Pandey’s handwriting and under the line in Rajesh Mohan Salunke ’s handwriting and marked as exhibit -6.


Contd. From 13/07/2016 – Date:- 14/07/2016


The witness states on oath that as per voluntary statement of Rajesh Mohan Salunke under sec 67,  NDPS annexed with the file, and exhibited as exhibits   2-6. Rajesh Mohan Salunke states that he was not a director of the firm but used to sign on company’s docx as a director. The MD was Dr. Vijay Premchand Agarwal and Colette Nicole Smith was a director and he used to work on their instructions. In his voluntary statement, Rajesh Mohan Salunke also stated that the payment for product sold by Daffohils used to come in the a/c of M/s Kaizen Biotech instead of Daffohils A/cs. When he was asked to clarify about Ryan Pharma, he had nothing to say and no docx. To show as records.The consignments which were sent to Ryan Pharma were sent on invoice of Daffohils which were signed by Rajesh Mohan Salunke and he confirmed this in his voluntary statement. Apart from these invoices which were signed by him, Rajesh Mohan Salunke was not able to show any records/docx. And neither did he say anything to prove that the goods had in fact been sent Ryan Pharma.

Rajesh Mohan Salunke  also stated in his 67,  NDPS statement that he used to take care of production, dispatches and management of Daffohils and perform his duties upon the instruction and orders of Dr. Vijay Premchand Agarwal.  He also stated in his statement that regarding the purchase and batch production of pseudoephedrine, the planning was done through emails and Ms. Colette Nicole Smith, Dr. Vijay Premchand Agarwal , Mr. K Venkat Reddy & Mayur Yadav were part of it. HE also stated in his statements that K Venkat Reddy & Mayur Yadav were related to M/s Omega Pharmaceuticals, Hyderabad and both of them and their firm were the main customers of Daffohils who used to arrange purchaser parties and customers for pseudoephedrine based production of Daffohils.


On 24/12/2014, Rajesh Mohan Salunke once again came to NCB office for his voluntary statement under 67,  NDPS. His statement is annexed as 77 क /1-77 क /3.The head note is written in my handwriting and his voluntary statement given in my presence.


Rajesh Mohan Salunke has stated in his aforementioned voluntary statements that he used to look after the maintenance of plant & machinery and production @ Daffohils under the direction of Dr. Vijay Premchand Agarwal  & Colette Nicole Smith . The planning of orders was conveyed by Ms. Colette Nicole Smith through emails & telephone and I used to execute the orders. He also said that the consignments sent to Sanjeevni and Ryan were sent to Delhi on the direction of Colette Nicole Smith and  Dr. Vijay Premchand Agarwal . He also stated that he used to sign on authorization used for renewal of drug licenses of Daffohils on the instruction of Dr. Vijay Premchand Agarwal  as he stayed out of India.

Rajesh Mohan Salunke also stated in his statement that whatever work was done in Daffohils was done as the directions of Vijay Premchand Agarwal & Colette Nicole Smith and they used us & during this time period the work he did under the instructions of the MD+ Director and the signature he did under their directions, he apologies for that.


On 24/12/2014 @ 18:45 after taking his voluntary statements under 67,  NDPS he was arrested under section 9A,  NDPS Act (read) 25A/29. (details of arrest memo etc.)  Arrest memo- exhibit -8, jaama talaashi – exhibit -9, info of arrest- exhibit -10.


During this investigation, Ms. Parul Sinha, ex-employee of Daffohils was summoned for her voluntary statement on 01/08/14, 07/11/2014 & 09/02/2015 and she came to NCB office Dehradun. Her first statement was taken on 01/08/2014 and is annexed as 72 क /1-72 क /11. The head note is in my handwriting and below the underline, her voluntary statement is in her own handwriting and duly signed by her on all pages in my presence marked as exhibit -11.

Do for Statement of Parul Sinha dated 07/11/2014

Do for statement of Parul Sinha dated 09/02/2015 exhibit -12


She submitted an email dated 15/12/2012 regarding rebooking of a consignment dispatched by Daffohils and the rebooking letter signed by Rajesh Mohan Salunke  as Director (operation) and copies of a voucher which had her signature on it.


Parul Sinha accepted in her voluntary statement that she was working as AGM(operation) in M/s DLPL the MD was Dr. Vijay Premchand Agarwal  & Colette Nicole Smith   was the director. Parul Sinha  also stated that her immediate superior was  Rajesh Mohan Salunke who was the Director (operation).She has stated in her voluntary statement that while working in DLPL she was directed by Rajesh Mohan Salunke , Vijay Premchand Agarwal  & Colette Nicole Smith  . She has also stated that she used to see the dispatch related work on the direction of Rajesh Mohan Salunke , Vijay Premchand Agarwal  & Colette Nicole Smith  & that these directions were through email/ Sms/ telephone. She also states that she knew K Venkat Reddy of that their products Robocoff & Robocoff B were manufactured at Daffohils.


She has also stated in her statement that the goods dispatched by Daffohils to Ryan Pharma; the info regarding this was given by Rajesh Mohan Salunke  so whether the good reached Ryan or not can only be given by Rajesh Mohan Salunke and that she doesn’t have any knowledge about it.


Date:- 10/08/2016

     Contd. From 14/07/2016 onwards:-

Witness says on oath that during investigation 15 parties of DLPL were sent notices under 67,  NDPS who had purchased pseudoephedrine based medicines from Daffohils Some parties came, other didn’t turn up. 9 parties came and 6 didn’t come which included – Mehak, Omega, Hari Om, Sri Ram, Sanjeevni, HP Pharma. Neither their directors nor their representatives turned up.


During investigation I visited Sanjeevni & Sri Ram at their Delhi addresses but both companies were not available at their addresses. The address at which Sanjeevni was located, the son of the owner of the premises, Maninder Singh stated that Sanjeevni enterprises was never a tenant on their premises. Maninder Singh s/o Madam Gopal Singh has stated this in writing and this has also been annexed as 44 क which was written by Maninder and signed in front of me and this has been added as an annexure no. 44 क which has been written and signed by Maninder Singh  in my presence. M/s DLPL dispatched Robocoff & Robocoff B & Hilcold-T to M/S Sanjeevni ent. Out of these, Hilcold-T was M/S DLPL’s own product while Robocoff & Robocoff B were the products of M/s Omega Pharmaceuticals, Hyderabad which were manufactured at DLPL.

Meanwhile, Mehak Pharma & Sri Ram Pharma were also not found at their stated addresses. I visited the Drug Licensing Authority, Kakardooma, New Delhi for investigating the Drug License and addresses of the aforementioned firm. The Drug Licensing authority stated that the Drugs license of M/s  Sanjeevni Enterprises, Sri Ram pharma & Mehak Pharma had been cancelled. This record is with us and not included as evidence. During investigation, the address of Hari Om enterprises, Ranchi was also verified, but was not found.

When Omega Pharmaceuticals, Hyderabad was investigated, the Drugs Licensing & Controlling Authority, Andhra Pradesh had inspected the office of Omega Pharmaceuticals and the report showed that the premises were not being used for any business of medicine and neither were any stocks available. This report of Drugs Licensing & Controlling Authority, Andhra Pradesh has been attached as Annexure 42 क/1 – 42 क /3 & 45 क /1 -64 क/1 and 66क/1-66क /2. These docx were by IO Dharamveer Singh and marked as exhibit -13. These docx were procured by IO Dharamveer Singh and marked as exhibit -13.

During my investigation of M/s Omega, Hyderabad notices u/s 67,  NDPS were sent to Omega which were returned to us. After this Dharamveer Singh was sent to Hyderabad. He went there to establish contact with the proprietor of Omega Pharma, but no contact was established. After that Dharamveer contacted the drug licensing authority, Mehak Hyderabad and along with a drug inspector, went to verify the address of Omega Pharma. The local drug inspector verified the shop of Omega Pharma and he only gave the contact no. of proprietor of Omega Pharma. After this Dharamveer called the proprietor of Omega Pharma and informed him that there is a notice for him u/s 67 of NDPS and he should come to the NCB Subzone Hyderabad office to receive it, but the proprietor did not show up.

During investigation it turned out that the proprietor Of Omega Pharma Mr. Jaipal Reddy & his associate at the company K Venkat Reddy, K. Prasad Reddy & Mayur Yadav control and run the company. During investigation at also turned out that, Mr. Jaipal Reddy is not highly  educated and is only class VII th pass. It also appeared during investigation that K Venkat Reddy  is the authorized signatory of M/s Omega Pharma. During the investigation of email communication it was also seen that K Venkat Reddy, K Prasad Reddy, Colette Nicole Smith, Mayur Yadav, Dr. Vijay Premchand Agarwal &, Rajesh Mohan Salunke were all in connivance and ran the business of  M/S  Omega Pharma and M/S DLPL together. It also appeared during investigation that  Colette Nicole Smith was a Director of DLPL and was the in charge of DLPL in the absence of Dr. Vijay Premchand Agarwal. Upon scrutinizing the 67,  NDPS voluntary statement of INDERPAL SINGH CHAWLA, Parul Sinha & Rajesh Mohan Salunke & scrutinizing of other docx. Which had been collected during investigation, it became clear that Ms. Colette Nicole Smith  used to arrange for delivery of all orders of M/S DLPL on behalf of Dr. Vijay Premchand Agarwal. Ms. Colette Nicole Smith used to see and control the daily day to day working including manufacturing and dispatch of pseudoephedrine based products and that accused Colette Nicole Smith  along with Rajesh Mohan Salunke, Dr. Vijay Premchand Agarwal, K Venkat Reddy , K Prasad Reddy & My used to discuss important matters of the company through emails and control the  further working of DLPL. Email copies have received by me, during investigation from Parul Sinha, INDERPAL SINGH CHAWLA and Rajesh Mohan Salunke . These copies of emails have been signed by the person who submitted these emails. The email are annexed at pg no. 112 क /1 -112 क/2 These emails have been sent between 05/09/2012-17/02/2013 and  are 53 in number, total annexed pg. 106,. All these emails have been procured from Rajesh Mohan Salunke, INDERPAL SINGH CHAWLA  and Parul Sinha and have been signed by the submitter in my presence and marked as exhibit -14 to -66. During investigation, I tried to reach Ms. Colette Nicole Smith at her NGO, Bella Health by visiting there but she was not available at her office, at Bella Health NGO. The Staff at her NGO, Bella Health informed us that Ms. Colette Nicole Smith is currently out of the country. I asked for the immigration  details of Ms. Ms. Colette Nicole Smith  for the purpose of investigation from F.R.R.O, New Delhi, and they  informed that she is in India  only. Her NGO staff gave us falsified information regarding her where about. I informed the NGO staff that Ms. Colette Nicole Smith should present herself at the Subzone office of NCB for enquiry concerning M/s Daffohils. However she did not cooperate in the investigation, neither did she come to the NCB office.

After this a Look-out Circular was issued in this matter against Ms. Colette Nicole Smith  & Vijay Premchand Agarwal.

On 13/14 Jan 2015, I had gone to Ranchi for investigation of this case. Then on 13/14 January 2015, on the basis of the Lookout Circular, Colette Nicole Smith was detained at IGI Airport, New Delhi while she was attempting to free India. Based on this information, Vivek Pandey, IO; NCB Subzone  Dehradun went to Delhi and arrested Colette Nicole Smith on 14/01/2015 and brought her before the Metropolitan Magistrate, Patiala House Court, New Delhi and on 15/01/2015 she was brought to the NDPS special Court, Dehradun for remand. The FRRO FAX informing about the detention of Colette Nicole Smith @ IGI airport is annexed @ 86 क/1. Her 67,  NDPS statements are annexed at 881– 88 क/14, arrest memo & jama talasi@ 89 क/1, list of items seized @ 89 क/2 are attached. Her transmit remand docx. @ 91क. All these documentation and proceedings were done by Vivek Pandey.

Ms. Colette Nicole Smith   has stated in her voluntary statement U/s 67,  NDPS that Dr. Vijay Premchand Agarwal had appointed me as a director in M/s DLPL and he only brought me to DLPL. She also stated in her voluntary statement that she doesn’t know anything about pseudoephedrine or it products. According to her all pseudoephedrine related work was done by Rajesh Mohan Salunke, Director (Operations) and that she & Dr. Vijay Premchand Agarwal had authorized Rajesh Mohan Salunke to handle these works.

During investigation, K Venkat Reddy came to NCB Subzone Dehradun office for his voluntary statements u/s 67,  NDPS Act and these statements were given in my presence in his own handwriting and signed by him also. These are annexed @ pg no. 100 क/1- 100 क/11.The head note is written in my handwriting and below the underline in K Venkat Reddy’s handwriting written in my presence and signed by him also marked as exhibit -67

K Venkat Reddy has stated  in his 67,  NDPS statements that he used to see the working of M/s Omega Pharmaceutical, Hyderabad along with his brother K Prasad Reddy and Mayur Yadav. He also said that he had two products, Robocoff & Robocoff B which were pseudoephedrine based and were being manufactured at DLPL. These two products were manufactured at DLPL and upon his instruction were dispatched to parties. K Venkat Reddy  also stated in his 67,  NDPS voluntary statement that 3 lots of  Robocoff & Robocoff B which were manufactured from 190 kg of pseudoephedrine was made for Sanjeevni enterprises Delhi and dispatched to them also and was seized by Delhi Police on 14/12/2012.

During Investigation Sanjeevni enterprises, Delhi was not found at the stated address.

The Investigation till now taken from 67,  NDPS voluntary statements, emails and other questionings and voluntary statements of K Venkat Reddy  made it clear that he too was involved in the diversion of pseudoephedrine because he directed the dispatch of Robocoff & Robocoff B to fake firms Sanjeevni enterprises, Mehak Pharma & Hari Om ent. Etc and delivered on the invoices of M/s DLPL while these firms were not found at the stated addresses. K Venkat Reddy  was arrested on 07/02/2015 @ 4:50pm after explaining to him the grounds of arrest U/s 25A read with 9A & 29 NDPS act. His arrest memo(exhibit -68) & jama talaashi (exhibit -69) is annexed as pg no. 103 क & 102 क with my signatures and counter -signed by accused K Venkat Reddy too. His info of arrest was conveyed to his brother K Prasad Reddy on his mobile no. as stated on the arrest memo which is counter signed by K Venkat Reddy. This info of arrest was also conveyed to his family member, his maternal uncle, M. Jaipal Reddy in writing on 07/02/2015 at the NCB office as he had accompanied KVR for his voluntary statements. These papers are annexed as pg. 105 क with my signature & jaipal Reddy’s signature too and marked as exhibit -70. After his medical exam, K Venkat Reddy was presented before the NDPS sp judge for remand.

Due to completion of the courts working hours, the remainders of the chief exam in being postponed till 11/08/2016.

Date :- 11/08/2016

Contd from 10/08/2016

Witness, Lav Kumar Singh, given the oath once again. Witness  stated on oath that during the enquiry on dt 06/02/2015, he took M. Jaipal Reddy’s voluntary statement u/s 67,  NDPS Act at the NCB office, Subzone Dehradun. The statements are given in M. Jaipal Reddy’s own handwriting and annexed as 99 क/1- 99 क/2. The head note is in my handwriting and below the underline is M. Jaipal Reddy’s voluntary statement written in his own handwriting written and signed in my presence.

  1. Jaipal Reddy is the proprietor of Omega Pharmaceuticals, Hyderabad. He has stated in his voluntary statement that he has studied till class vii th and Omega Pharmaceuticals is in his own name only. All the work is done by K Venkat Reddy, K Prasad Reddy & MY. He also stated in his voluntary statement that he doesn’t know M/s DLPL and that he is a farmer and does farming.

During the enquiry, it was also found that the batch no. of Hilcold-T which was seized by Manipur Police was dispatched by M/s DLPL to M/s HP Pharma, Rohtak. In the course of enquiry, I physically verified the address of HP Pharm. The was closed at that time and I took the contact number of HP Pharma’s proprietor Pradeep Kumar from the owner of the premises. I contacted him and gave him a summon u/s 67,  NDPS Act for his voluntary statements. Mr. Pradeep Kumar came to the NCB office Subzone Dehradun and gave his voluntary statement u/s 67,  NDPS annexed as 111 क/1- 111 क/8. The head note is written in my handwriting and below the underline is Pradeep Kumar’s voluntary statement in his own handwriting written in my presence marked as exhibit -72 . He said in his voluntary statements that he had purchase Hilcold-T from DLPL and further sold it to Mehak Pharma & SK Medicos with valid docx.

He submitted all relevant docx along with sale invoices which were signed by him in my presence and are attached at 111 क/9- 111क/31.

During enquiry it was found that the batches of pseudoephedrine based medicines supplied by M/s DLPL, some consignment were correct and certain firm like Sanjeevni Ent., Medak Pharma , Hari Om Enterprise  were not available or existing on the address stated.

M/s Ryan Pharma’s proprietor presented himself during the enquiry and he stated that he had never purchased any pseudoephedrine based medicines from DLPL.

IN this way it has been proved during enquiry that M/s DLPL and its directors/MD Dr. Vijay Premchand Agarwal, Ms. Colette Nicole Smith & director(OP), Rajesh Mohan Salunke and M/s Omega Pharma’s KVR hatched a conspiracy and diverted pseudoephedrine raw material. The enquiry was kept open against the remaining accused and accused Ms. Colette Nicole Smith, K Venkat Reddy & Rajesh Mohan Salunke are in judicial custody.

The accused hatched a criminal conspiracy and stated that they dispatched pseudoephedrine based medicines made from 90 kg of pseudoephedrine to Ryan Pharma. The quantity stated to be dispatched to M/s Sanjeevni Ent.& Omega Pharma amounts to 1500kg of raw material pseudoephedrine. The batches sent to Mehak were manufactured from 796 kg of pseudoephedrine. The batches shown to have been dispatched to M/s Sri Ram Pharma were made from 378 kg of pseudoephedrine and the batches shown to be dispatched to M/s Hari Om were from 109 kg of pseudoephedrine. But there were no medicines of these aforementioned, batches manufactured by DLPL neither were they dispatched to the aforementioned firm because these firm were not found at there respective address. In this way the accused hatched a criminal conspiracy and directly directed to 2873 kg of pseudoephedrine.

M/s DLPL purchased a total of 4150 kg of pseudoephedrine raw mat. between Aug12-Feb 13, and according to company during this duration all raw material was converted to pseudoephedrine based medicine however during enquiry it turned at that 2873 kg of raw mat pseudoephedrine was not converted to medicines. On the basis of the evidence collected by the previous investigating officer &  by me & on the basis of voluntary statement of the accused ,a complaint was filed against the accused Ms. Colette Nicole Smith ,K Venkat Reddy , Rajesh Mohan Salunke   & M/s. DLPL u/s 9A/25A, 29 & 38 NDPS Act for crime no.06/2014 on dated 21/02/2015 in front of the honorable court . This complaint is attached on docx. no. 3A/1-3A/1 and every page has been signed  by me .The list of evidences and the witnesses is also attached and signed by me and marked as exhibit -73.

Continuing the enquiry in the said case, a notice was issued u/s NDPS Act to Prasad Reddy at his address by post. The letter was sent by speed post which was returned undelivered and stated that address not found. The sealed envelope is attached on annexure no. 50/1 stating the address of K Prasad Reddy and the stamp of our office as the sender’s address. The envelope is sealed and was opened with the permission of the honorable court. Inside the envelope is a summon dated 12/03/2015 u/s 67,  NDPS to K.Prasad Reddy & marked as exhibit -74.


Accused K. Prasad Reddy was sent a 2nd notice through NCB office s/z Hyderabad and the superintendent of NCB office s/z Hyd. Mr. Deepak Kumar informed as though his letter dated 29/04/2015 that the address is incorrect and without street no. They also informed us  through the letter that they asked the sub inspector of Hapsigura  p/s and the local courier company to find out about the addresses and they were told that the address does not exist . A fax company of this letter is attached at 51/1 and marked as object exhibit -1. In august 2015, the superintendent of NCB s/z DDN received information that K. Prasad Reddy is in Hyderabad and that the NCB s/z Hyderabad had found out the correct address of KPR from there own sources. Then me and Dharamveer Singh , IO went from Dehradun to Hyderabad on 15/08/15 on being called by our superintendent and our superintendent was also present in Hyderabad. on reaching Hyderabad we contacted our superintendent telephonically and he gave on the address of K. Prasad Reddy’s residence on flat no. 3d2, jaya plaza , jubilee enclave. Madhapur Hi-tech city, Hyderabad and directed us to reach there. After that me and dharamveer sing reached the address of the accused and met our superintendent Mr. Ravi kumar Rana. All of us went inside K Prasad Reddy’s residence at 16:30 and found K. Prasad Reddy there. We told the accused the reason for our coming and after talking about trivialities, he said he needed to go to the toilet. After that when he came out of toilet he had a number of pills in his hand which he swallowed with water and tried to commit suicide in this way. When we tried to stop him he pushed me out of the home and tried to run but we followed him and caught him. We immediately got him admitted to pride vikram hospital, Hyderabad where he was given initial treatment but this hospital did not have ICU facility and the accused was referred to KIMS hospital, Hyderabad for further treatment and after that the accused was admitted to MICU of KIMS. After this, on 15/08/2015 I filed a complaint against the accused in P/S Madhapur. FIR no. 473/15 U/S 353, 309IPC was lodged against the accused which was received by us from the NCB S/Z  Hyderabad office on 14/10/15 and is annexed at 52क/1- 52क/. My complaint against the accused filed in the p/s Madhapur is annexed at 52क/1-52क/6 and marked as object exhibit-2.

On date 16/08/15 K Prasad Reddy was shifted from ICU to the normal ward and the doctors told me that his condition is good. After this K Prasad Reddy was given a summon u/S 67 of NDPS act for V/S and is attached at क 4/1 with my signature and received by the accused in his signature and marked as exhibit -75.

After the receipt of summon of K Prasad Reddy  then on 16/08/2015, the V/S of accused U/S 67,  NDPS was taken at AIMS hospital itself. This statement is attached at  क 5/1 – क 5/7. The head note is in my handwriting and below the underline is the accused own V/S in his own handwriting in my presence. The accused signed on all ages of u/S in my presence and the V/s is marked as exhibit -76.

The accused stated in his V/S U/S 67,  NDPS act that he and his brother K Venkat Reddy looked after the complete works of M/S OPL. In the beginning, the accused kept refusing In his statement but later on admitted that he had his brother K Venkat Reddy used look after the operation of M/S OPL. On being asked about the email conversations, the accused K Prasad Reddy kept saying that he has not sent any email but when he was shown the email related docx related docx the accused said that his brother K Venkat Reddy knew the password of his email and he (K Venkat Reddy) must have sent the emails. The accused knew the other accused Rajesh Mohan Salunke & Ms. Colette Nicole Smith from earlier. The third accused arrested, K Venkat Reddy, is his brother.

The accused stated in his V/S that since the arrest of the other accused, he was in constant contact with Dr. Vijay Premchand Agarwal. This is proved in the email conversations. Accused also stated in his V/S that M/S OPL got its pseudoephedrine based products Robocoff & Robocoff B manufactured from M/S DLPL. In this way the accused knew completely how his brother & other accused diverted pseudoephedrine through M/S OPL &M/S DLPL. This can also be verified through the email conversation of the accused.

The accused was discharged from the hospital on 17/08/2015. The discharge docx are attached at page no. 19 क /1 -19 क /4 which were received by me from the hospital and marked as exhibit -77.

The accused was arrested on 17/08/2015 @ 9:50 after his discharge. The arrest memo and jama talaashi memo is annexed at 6 क /1 which is in my handwriting and signed by me and marked as exhibit -78. The information regarding his arrest was given in writing to his wife Mrs. Shravya Reddy upon his request but she did not receive it. While she was present, at the time of his arrest. The information memo is annexed at pg 17 क /1 marked as exhibit -79.

During the enquiry, I procured the medical certificate of the accused from pride vikram hospital Madhapur where he was initially treated and is annexed @18 क /1. After the arrest the accused was presented before the honorable 25th MM Kuttakputty miyapur court for transit remand and I gave an application for the same. The application is annexed at 8 क /1- 8 क /2 & 9 क /1 , which is in my handwriting and signed by me too and marked as exhibit -80. The honorable court issued a transit remand on that day itself and is annexed at 10 क /1 which is the original copy of court under and marked as exhibit -81.

In this way it is proved by email conversations (attached) that K Prasad Reddy & K Venkat Reddy got Robocoff & Robocoff B manufactured from M/S DLPL and used to direct M/S DLPL to directly send it to their parties M/S Sanjeevni, Mehak and Hari Om  whereas these were fake companies and they used to make fake enterprises in docx.

I complied with sec 57/NDPS on 18/08/2015 after arresting K Prasad Reddy and is annexed at 16 क /1 – 16 क /2 with my signature marked as -82.

Date:- 12/08/2016

Witness Luv Kumar  given the oath once again and in  the remainder of the chief exam he further said that on 14/08/2015 our superintendent of the NCB Subzone Dehradun Mr. Ravi K. Rana visited the drug control administration , Hyderabad and received some important documents related to M/S Omega Pharmaceuticals, Hyderabad &  M/s Daffohils laboratories (p) ltd. In these aforementioned docx. was an inspection report dated 26/08/2013 by drug inspector, Medak Ms. Vinay Susmi, sent to DG ,drug and copyright, drug control administration, Vengalrav nagar, Hyderabad along with all attachments .The said report along with the attachments was received by Mr. Ravi K Rana. Also, apart from these, there was attached a supply agreement between M/s OPL & M/s DLPL dated 11/07/2012 for supply of Robocoff and Robocoff B .This supply agreement between M/s OPL & M/s DLPL was signed by Mr. INDERPAL SINGH CHAWLA & Mr. K Venkat Reddy. This supply agreement dated 11/07/2012 was between M/s OPL & M/s DLPL is attached as exhibit 58  /1 – 58 /9 & 66 /1 – 66  /2.


In this matter INDERPAL SINGH CHAWLA had stated in his earlier voluntary statement u/s 67,  NDPS that he didn’t know of the pseudoephedrine based medicine manufactured by Daffohils and neither was he involved in this matter. He had also said that he was not allowed inside the premises of DLPL at this time. To collaborate this statement he had shown an MOU dated 15/06/2012 signed between him and Dr. Vijay Premchand Agarwal according to which, DLPL and all its rights had been handed over to Dr. Vijay Premchand Agarwal .In the mean time, a financial dispute across between both the parties and due to which both parties filed a complaint against each other @ police station Vasant Vihar and Police station, Sahaspur. INDERPAL SINGH CHAWLA complained against Vijay Premchand Agarwal  @ P/S Vasant Vihar and Vijay Premchand Agarwal complained against INDERPAL SINGH CHAWLA @ P/S Sahaspur. These complaints filed against each other by the accused in annexed as pg no.72/1-72/5 & 73/3-73/8 which has been attested by the respective P/S with its stamp.

In this way, based on the above enquiry, the reports lodged @ P/S Vasant Vihar & P/S Sahaspur and the docx Received from drug control administration, Hyderabad, it is clear that despite signing of the MOU by INDERPAL SINGH CHAWLA, he was still an active Director of DLPL and he was fully aware of the diversion of   pseudoephedrine and he never tried to stop it or complained about it to either the NCB or the local P/S .

During enquiry when it became clear that INDERPAL SINGH CHAWLA is also involved in this crime, I called him from the Subzone office NCB Dehradun on 19/08/2016, but his mobile was switched off. After this his brother PPS was called and he said that INDERPAL SINGH CHAWLA is out of town. PPS was told to inform to INDERPAL SINGH CHAWLA that he should come to the NCB Subzone office ,Dehradun for enquiry.

INDERPAL SINGH CHAWLA came to the NCB Subzone Dehradun office on 20/08/15 and he was issued a notice for voluntary statement u/s 67,  NDPS. The notice is annexed at pg 54 क/1 and signed by me and INDERPAL SINGH CHAWLA too.  After this, on 20/08/2015, the v/s of INDERPAL SINGH CHAWLA u/s 67,  NDPS was taken @ NCB subzone D.dun office. The U/s of INDERPAL SINGH CHAWLA is exhibit 55/1 -55 /5. The head note is written in my hand writing and the matter below the underline is INDERPAL SINGH CHAWLA V/s in his own handwriting. This U/s is signed by him on all pages by him in my presence.

INDERPAL SINGH CHAWLA stated in his 67,  NDPS v/s that he knows K Prasad Reddy of M/s OPL and that he looks after the operation of M/s OPL. He said  that he had spoken to K Prasad Reddy around two years back regarding his product ZINCOVIT. Regarding pseudoephedrine, on being asked by me whether he was associated with K Prasad Reddy, he said that he resigned from DLPL on 18/06/2012 upon signing of the MOU and in this context he has given v/s along with a statement attested by his CA which is attached as pg. 74a. He also stated in his statement that he had no knowledge of the supply agreement signed between M/s OPL & M/s DLPL for the supply of pseudoephedrine based medicines Robocoff &Robocoff B and that he signed on this agreement as Colette’s saying. The attachments are not signed by me but by Colette. The attachment is annexed on pg 66 क/1. During this V/s when I showed him the reports of Ms Vinay Susmi, drug inspector, Medak and its attachments, then INDERPAL SINGH CHAWLA confirmed his signature on the supply of agreement between M/s OPL & M/s DLPL but said that the pg 66 क/7 was not part of the agreement at the time of my signature. This supply of agreement is annexed at pg65 क/1 – 65 क/9. He submitted a docx annexed at pg 75 क/1 which according to him was part of the supply agreement.

During the enquiry, based on INDERPAL SINGH CHAWLA v/s u/s 67,  NDPS, the inspection report of the Drug Inspector, the supply agreement dated 11/07/2012 and other docx  Including the website of Register of Companies which showed INDERPAL SINGH CHAWLA as a director of DLPL (the ROC printout as annexed at pg 62/1);it was seen that INDERPAL SINGH CHAWLA has a director and involved in the diversion and involved in the diversion of pseudoephedrine.

On 20/08/2015 @ 13:45, INDERPAL SINGH CHAWLA was informed of his crime and arrested @ NCB S/Z Dehradun office U/s 9A/25a, 29 & 38 of the NDPS Act. The arrest memo and jama talaashi  memo of the accused is attached at pg. 56 क/1. Information regarding his arrest was conveyed to his wife on her mobile number as per his request and also in writing to Mrs. Sunit Chawla on 20/08/2015 who is the accused wife. The compliance of sec 57,  NDPS was done by me after the arrest of INDERPAL SINGH CHAWLA and is annexed at 60 क/1 which is marked as exhibit -89.

During enquiry I had seized the mobile phone of K Prasad Reddy and sent it to CFSL New Delhi for forensic analysis.

Upon enquiry, based on the collected evidences and documentary evidences, a complaint was filed against K Prasad Reddy U/s 25A & 29 of NDPS read with 9A NDPS and against INDERPAL SINGH CHAWLA u/s 25A & 29 of NDPS read  with 9A NDPS  on 16/10/2015  in the honorable court. The complaint is attached as annexure no 3 क/1 -3 क/10 and has been signed by me and marked as exhibit -90. Along with the complaints, a list of evidences and docx and witnesses is also attached as annexed no. 3 क /11 – 3 क/14.This list of witness & docx. is also signed by me . The investigation was kept open for the remaining wanted accused.

After the filing of complaint against the accused Ms. Colette Nicole Smith, K Venkat Reddy, Rajesh Mohan Salunke, K Prasad Reddy & INDERPAL SINGH CHAWLA, the enquiry was still kept open.

During enquiry I had taken the v/s of PS u/s 67,  NDPS on 01/08/2014 and 09/02/2015 while the statements dated 07/11/2014  & 03/11/2015 were taken by Vivek Pandey & Dharamveer Singh respectively. From the four previous statement of the  accused PS taken u/s 67,  NDPS it is clear that it was completely aware that M/s DLPL was showing fake consignments of pseudoephedrine based products and that the RM pseudoephedrine was being diverted by the co-accused . I scrutinized the v/s deeply and enquiry regarding the v/s taken from her in my presence.

Ms Parul Sinha stated in her statements dated 01/08/2014,  07/11/2014 and 09/02/2015 and also in her statements dated 03/11/2015 prior to her arrest that she was the AGM (operations) of M/s DLPL at the time of the incident . She also stated in her previous statements that the directors of the company were making money through illicit means. She also stated in her V/S that in the company, she was working under the direction of Dr Vijay Premchand Agarwal , Colette Nicole Smith & Rajesh Mohan Salunke director (operation)

Parul Sinha also stated in her V/S during enquiry that she knew K Prasad Reddy, K Venkat Reddy & MY of M/s OPL and that while working in the company she was in their constant contact and they use to guide her regarding to whom the consignment had to be sent. She was in touch with them through emails and phone.

I was on leave on 03/11/2015. Ms Parul Sinha was called to NCB S/z Dehradun office for further enquiry. That day her V/s was recorded u/s 67, NDPS by IO Dharamveer Singh in his presence and marked as exhibit -91. This statement is attached at 5 क/2- 5 क/8. The head note is written by Dharamveer Singh and he has also signed “before me” along with the date at the last page of this statement I recognize his signature and handwriting. After recording her statement Dharamveer Singh arrested PS @16:10 on 03/11/2015 at the NCB s/z Dehradun office. The accused’s arrest memo (exhibit -92) & Jama talaashi (exhibit -93) is attached at 6 क – 7 क which have been signed by Dharamveer Singh. The information of Parul Sinha’s arrested was conveyed to her sister Mrs. Roma hall upon her request and is annexed at 11 ख1 which has been signed by Dharamveer Singh and marked as exhibit -94. The compliance of sec 57  after Parul Sinha’s arrest was done by Dharamveer Singh and is attached at 12 क and is signed by Dharamveer Singh and marked as exhibit -95.

Accused Parul Sinha worked for DLPL between 12/11/07-19/02/13 and due to this fact was knowledgeable and knew about the Pharma industry. The accused Parul Sinha knew and had complete knowledge about the illegal diversion of RM pseudoephedrine between Aug 2012-Feb 2013 by her co-accused. Despite having knowledge about this illegal diversion of RM  pseudoephedrine, Parul Sinha did not give information about this to NCB or the local police which proves that ………………… along with her co-accused Colette Nicole Smith, Rajesh Mohan Salunke, K Prasad Reddy, K Venkat Reddy and MY & along with wanted accused Dr. Vijay Premchand Agarwal were in regular touch  with each other through emails between Aug 2012-Fe 2013.The email conversations are attached which were given by Parul Sinha along with her signature: due to these emails it is proven that they accused Parul Sinha was in constant touch with her co-accused and know about the illegal happenings in the company.

Parul Sinha has dispatched goods to fake companies M/s Sanjeevni Ent. , Mehak Pharma, Sri Ram Pharma and other companies and these sale invoices and consignment notes are in her signatures only. These sale invoices are on pg no. 55 क/7-15 क/140 and these docx were procured by Vivek Pandey at the time of investigation. The aforementioned sale invoice &consignments notes were used to dispatch pseudoephedrine based medicine to different parties. This proves clearly that Parul Sinha knew which consignment was going to which distributor.

Parul Sinha was AGM (OP) of M/s DLPL and hence she is a co-accused U/s 38,  NDPS Act for diversion of control substance pseudoephedrine.

Pseudoephedrine is a controlled substance as per RCS order 1993.The directors, directors (OP), and AGM(OP) along with M/s OPL showed that between Aug2012-Sep 2013 the 4150 kg pseudoephedrine purchased was converted to medicines and dispatched to companies and record were maintained and while during this duration it was shown that goods were dispatched to Sanjeevni Ent., Mehak Pharma, Sri Ram Pharma & Hari Om Ent. But these firms were not available/ existing at the stated address and they also showed that goods were dispatched to Ryan Pharma however during enquiry the proprietor of Ryan Pharma said that his company had not done any business with Daffohils. In this way they showed that 2873 kg of pseudoephedrine was converted into medicine and dispatched. In this way the accused hatched a criminal conspiracy and instead of making medicines from 2873 kg of pseudoephedrine, they diverted the raw material through illegal channel.

After the enquiry as the basis of collected evidences & docx, I filed a complaint u/s 9A/25, 29& 38 of NDPS Act and is annexed at page 3 क 1 & 3 क 6 .  Along with the complaint, the list of witnesses and docx is attached with my signature on ann. 3 क/7 and 4 क/1.

In this way, the co-accused Ms. Colette Nicole Smith, K Venkat Reddy, K Prasad Reddy, Rajesh Mohan Salunke, INDERPAL SINGH CHAWLA & Parul Sinha, the directors of DLPL& OPL, Hyderabad hatched a criminal conspiracy and illegally diverted RM pseudoephedrine and showed in the records of DLPL that consignments of medicines have been sent to fake companies in this way the accused diverted 2873 kg of RM pseudoephedrine between Aug’ 12 to Feb’ 13   .

The enquiry is still open against Dr. Vijay Premchand Agarwal & My.