RITA DAS (SAHA) Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. P. K. Biswas, learned senior counsel assisted by Mr. P. Majumder, learned counsel for the accused petitioner, who was arrested in connection with East Agartala P.S. Case No. 68 of 2020, under Sections- 21(c)/29 of the NDPS Act, 1985. The petitioner has been in custody for the last four mounts. He approached this Court with the present bail petition under Section 439 of Cr. P.C. on the ground that he had stored/possessed the drug e.g. 'Tramadol' included under the schedule mentioned in the licence issued by the Drugs and Cosmetic Department, Government of Tripura. However, the police personnel raided the house and the other places of the accused-person and found huge quantity of 'Tramadol' under the possession of the accused person.

(2.) Learned P.P. has produced the case diary and the gazette notification dated 26th April, 2018 wherein 'Tramadol' has been included in the schedule at Sl. No. 110X under the NDPS Act. The position as of now is that, the drug' Tramadol' is included in the schedule as narcotic drug and psychotropic substance.

(3.) Mr. Biswas, learned senior counsel has submitted that mere inclusion of a drug under the NDPS Act does not mean that one cannot store or sell the said medicine, only the legal necessity is that the seller have to obtain licence from the Government and according to him, the Drugs and Cosmetic Department, Government of Tripura have issued the licence in favour of the accused-person for storing/possessing or selling the said drug and also for procuring the said drug from the manufacturer.