31.07.2024
19
jb.
jdt.
CRR 34 of 2023
(CRAN 2 of 2024)
In Re: Raju @ Raja Mondal
… Petitioner.
Kazi Safiullah
…. For the Petitioner
Mr. Debasish Roy
Mr. Saryati Dutta
Ms. Sreemoyi Roy
…. For the State
By consent of the parties the revisional application is
taken up for consideration.
Report submitted by the opposite parties is taken on
record.
Heard learned counsels for the parties.
The petitioner seeks quashing of Gangarampur P.S. Case
no. 219/2017 dated 3rd July, 2017 and charge-sheet submitted
therein on the ground that he possesses a valid licence of the
items seized from his shop and no offence as alleged lies against
him.
Charge-sheet has been submitted against the petitioner
under Sections 22/25/27A/28 of the NDPS Act read with
Sections 27/28 of the Drugs and Cosmetics Act.
This court in dealing with the revisional application
earlier, called for a report from the opposite parties with regard
to the authenticity and genuineness of the licence issued by the
concerned licensing authorities in favour of the petitioner and
also whether there was any bar in storing the seized items in
connection with the present case.
2
Reports submitted on behalf of the opposite parties
reveal that “there is no bar in purchase, exhibit, stock and sale
of the medicines with quantities as mentioned in letter dated
18th April, 2024 from a valid licensed firm with proper purchase
invoice”. Report also affirmed that the licence held by the
petitioner is genuine.
In view of the above, this Court is inclined to hold that no
offence as alleged has been made out against the petitioner and
the proceeding including the charge-sheet submitted against
the petitioner is liable to be quashed.
The revisional application being CRR 34 of 2023 is
allowed.
Gangarampur P.S. Case no. 219/2017 dated 3rd July,
2017 and charge-sheet no. 61/2020 under Sections
22/25/27A/28 of the NDPS Act and Sections 27/28 of the
Drugs and Cosmetics Act are quashed.
The petitioner be set at liberty at once and discharged
from his bail bonds.
Seized articles be returned to the petitioner upon proper
receipt.
Consequently, CRAN 2 of 2024 is disposed of.
Urgent certified website copy of the order, if applied for, be
given to the parties on compliance of requisite formalities.
(Suvra Ghosh, J.)