RAMRAJ CHOUDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Allegedly the petitioner in this revision is the king pin of the syndicate responsible for illicit traffic, diversion and illegal sale of prohibited phensedy1.

(2.) He has been implicated and shown arrested in connection with Jalangi Police Station Case No.1121 dtd. 29/11/2013 under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred to as the NDPS Act). This revision case of the petitioner rests on the points inter alia that the proceedings against him is not to subsist for - the offending substance being phensedyl, lodging the case against him under the provision of the NDPS Act, 1985 has not been proper; that, the component thereof, i.e, codeine is not a contraband and prohibited drug as per provisions of the NDPS Act, 1985, that in this case provisions of NDPS Act, 1985 would not at all attract; that in case of non-applicability of the provisions of NDPS Act, 1985 in this case - initiation of proceedings against the petitioner if has not been proper and that such a criminal proceedings against him should be quashed.

(3.) The criminal proceeding started by registering the FIR lodged by S.I, Jalangi Police Station, Jalangi, District - Murshidabad on 22 nd December, 2013. In the FIR, it was, inter alia, alleged that the complainant got information on the same date at 17:15 hours and raided near Sirochar Bridge. Immediately he diariesed the matter and proceeded to work out the source information along with his team. There, he could apprehend two persons with total 600 bottles of liquid styled as phensedyl, each containing 100ml quantity of the article. The cash amount of Rs.38,000.00 was also recovered from their custody.