SATOSH KUMAR MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) These two writ petitions are taken up together for analogous hearing as similar questions of fact and law are involved.

(2.) The petitioners have assailed notices under Section 67 of the NDPS Act issued upon them in connection with a seizure effected on 2.5.2016 vide reference no. 08/NCB/Kol/2016 dated 2.5.2016 of 20,100 bottles of phensedyl cough syrup on 18.3.2016 containing codeine phosphate at Malda, West Bengal. They are employees of M/s. Avantika Pharma, the clearing and forwarding agent of M/s. Abbott Healthcare Private Limited, a company which has valid licence to manufacture and deal in various Schedule "H" drugs including phensedyl cough syrup.

(3.) Assailing such notices, Mr. Banerjee, learned senior counsel submitted that in view of the fact that they are employees of the clearing and forwarding agent of M/s. Abbott Healthcare Private Limited, which has requisite licence to carry on business in the aforesaid drug, the invocation of jurisdiction of the Narcotic Control Bureau under the NDPS Act including Section 67 thereof is unwarranted in law.