ROSHAN CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioner, in this revision has challenged the very initiation and continuance of the proceedings against him vide NDPS Case No. 17 of 2021, now pending in the court of Sessions Judge Special Court under the Narcotic Drugs and Psychotropic Substance Act, 1985 at Jalpaiguri (henceforth Spl. Court). The said case has been initiated against the petitioner under Sec. 23(c) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (henceforth the NDPS Act), pursuant to the FIR lodged on April 29, 2021.

(2.) At the very outset the relevant provision of law may be extracted, which is as follows :

(3.) The petitioner who is owner of a travel agency, was arrested on April 29, 2021, on the allegation for committing an offence under the afore mentioned provision of law. His principal ground of challenge is that the prosecution initiated against him suffers from inherent and palpable illegality which cannot be maintained and proceeded with. On his behalf the FIR has firstly been relied on to show that there is no accusation made of import, export or transshipment of any narcotic drugs or psychotropic substances by him. Such being the facts, initiation of a prosecution against him under Sec. 23(c) of the NDPS Act, would only be inappropriate and illegal, more so when there is no recovery of any contraband article from the petitioner's possession. It is urged that the same may be set aside.