AMIT KUMAR Vs. STATE OF BIHAR & ORS.

JUDGEMENT

(1.) Heard Mr. Vikramdeo Singh, learned counsel for the petitioner and Mr. Amish Kumar, learned Advocate appointed as amicus curiae. No one appears on behalf of the State even today.

(2.) The petitioner has licence to sell, stock or exhibit for sale or distribute by retail drugs specified in Schedule C and C/1 excluding those specified in Schedule X. On 28.06.2014 a raid was conducted in his shop and huge quantity of Corex Cough Syrup, Fortwin Injection and Ativan tablets were recovered pursuant to which an FIR was instituted inter alia under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). On completion of investigation, the police submitted charge-sheet whereafter cognizance of the offence was taken by the learned Special Judge, Begusarai in connection with NDPS Case No. 04 of 2014 arising out of Begusarai Town P.S.Case No. 413 of 2014.

(3.) At the stage of framing of charge, an application under Section 227 of the Code of Criminal Procedure (for short 'Cr.P.C.') was filed seeking discharge from the case, which was rejected by the court below vide impugned order dat5ed 08.06.2017 passed by the learned Special Judge.