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2022 Supreme(Cal) 1254

RAI CHATTOPADHYAY
Ramraj Choudhury – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Sujash Ghosh Dastidar, Advocate, Maheswari Sharma, Advocate, Tulika Banerjee, Advocate, Madhusudan Sur, Advocate, Dipankar Pramanick, Advocate

JUDGMENT

Rai Chattopadhyay, J. - Allegedly the petitioner in this revision is the king pin of the syndicate responsible for illicit traffic, diversion and illegal sale of prohibited phensedyl.

2. He has been implicated and shown arrested in connection with Jalangi Police Station Case No.1121 dated 29.11.2013 under Section 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985, (hereinafter referred to as the NDPS Act). This revision case of the petitioner rests on the points inter alia that the proceedings against him is not to subsist for - the offending substance being phensedyl, lodging the case against him under the provision of the NDPS Act, 1985 has not been proper; that, the component thereof, i.e, codeine is not a contraband and prohibited drug as per provisions of the NDPS Act, 1985, that in this case provisions of NDPS Act, 1985 would not at all attract; that in case of non-applicability of the provisions of NDPS Act, 1985 in this case - initiation of proceedings against the petitioner if has not been proper and that such a criminal proceedings against him should be quashed.

3. The criminal proceeding started by registering the FIR lodged by S.I, Jalangi Police Station

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