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2024 Supreme(Cal) 1099

RAI CHATTOPADHYAY
Rajesh Kumar Baranwal @ Bablu – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. Milon Mukherjee, Ld. Senior Adv., Mr. Ranadeb Sengupta, Mr. Biswajit Manna.
For the Respondents: Mr. Vipul Kundalia, Mr. Tapan Bhanja, Mr. Anurag Roy, Ms. Uneaza Ali.

JUDGMENT :

(Rai Chattopadhyay, J.) :

1. The criminal case has been initiated against the present petitioner, that is, NDPS Case No. 16 of 2014 dated February 4, 2014, under Section 21 read with Sections 22 and 29 of the NDPS Act, 1985. The corresponding Case No. is 01/NDPS/CL/CUS/COBPU/13-14 dated February 4, 2014.

2. The petitioner has filed the present revision under Section 482 of the Code of Criminal Procedure, seeking quashing of the said proceeding.

3. Section 21 of the NDPS Act, 1985 provides for punishment for contravention of the statutory provisions in relation to manufactured drugs and preparations. Section 22 thereof, has dealt with punishment for contravention in relation to psychotropic substance and section 29 of the said Act is for punishment for abetment and criminal conspiracy with relation to an offence under the said Act.

4. Section 21 of the NDPS Act, 1985 has provided that any manufacture, possession, sale, purchase, transportation, inter-state imports and exports or uses of any manufactured drug or any preparation containing the manufactured drug, in contravention of the provisions of the Act or Rules or order made or conditions of license granted thereunder,

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