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2018 Supreme(Cal) 610

TAPABRATA CHAKRABORTY
Sankar Sarkar – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
Amales Ray, Mousumi Bhowal, Sakya Sen, Hasibul Islam, Debjani Ghosal, Apalak Basu, Binay Kumar Jain, Abhishek Jain, Advocates.

JUDGMENT :

1. The present writ application has been preferred primarily praying for the following relief:

(a) A writ and/or order or orders and/or direction or directions in the nature of certiorari commanding the respondents and each of them to transmit and certify the records of the case before this Hon’ble Court so that conscionable justice may be done by quashing the entire criminal proceeding being Bhaktinagar Police Station case no. 418 of 2018 dated 15.06.2018 under Sections 22© and 23© of the Narcotic Drugs and Psychotropic Substances Act, 1985 forthwith;

2. The petitioner is the proprietor of a firm, namely, M/s. Advanced Health Care carrying on business to sell, stock or distribute by wholesale drugs other than those specified in Schedule-C, C(1) and X of the Drugs and Cosmetics Rules, 1945 (in short, the D&C Rules) framed under the Drugs and Cosmetics Act, 1940 (in short, D&C Act) on the strength of licence under the D&C Rules and certificate of enlistment issued by the Licence Department, Howrah Municipal Corporation (in short, HMC). The petitioner procured 24000 bottles of Relaxcof cough syrup from the respondent no.12. As per the requisition and placement of order dated


















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