SRI AMIT AGARAWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenging the legality and validity of the proceeding bearing No. NDPS case No. 7 of 2011 arose out of NCB Crime No. 9/NCB/Kol/2011 under Sec. 22 and 29 of the NDPS Act, 1985, the present petitioner has filed this revisional application under Sec. 401 read with Sec. 482 of CRPC.

(2.) Feeling aggrieved with the continuation aforesaid proceeding and dissatisfied with the order of the Learned Special Judge NDPS Court Balurghat, the petitioner has filed this application for quashing of the proceeding of the aforesaid case.

(3.) According to the petitioner, he has a valid license for running his business of wholesale medicine right from the word go. In spite of that the NCB official under an erroneous belief had conducted a raid in his shop room and in his absence certain medicines were recovered from his shop room. Thereafter the NCB officials have proceeded against him for violation of drug license and other related laws. According to him, since he is having a valid license to store the medicine and to sell the same to the retailer, the prosecution case does not lie.