Calcutta High Court (Appellete Side)
Ss vs Serial No.56 The State Of West Bengal on 11 March, 2016
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1
C. R. R. 2384 of 2015
11.03.2016 Ramesh Kumar Agarwal
ss. Vs.
Serial No.56 The State of West Bengal
Ct. 28 with
C.R.R. 2598 of 2015
Pawan Kumar Agarwal
Vs.
The State of West Bengal
Mr. Sekhar Kumar Basu,
Mr. Sunil Kumar Chakraborty ...for the petitioner.
(in both the matters).
Mr. Manjit Singh,
Mr. Ayan Bhattacharjee ...for the State (in both the matters).
Re: Application under Section 482 of the Code of Criminal Procedure, 1973.
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Both the revision petitions are taken up together and are being disposed of by a common order.
Proceeding in N.D.P.S. Case No. 30 of 2013 (R-135 of 2014) pending in the court of learned Additional Sessions Judge, (Special Court under the N.D.P.S. Act), Cooch Behar, under Section 21(c) of the Narcotic Drugs & Psychotropic Substances Act has been in assailed in both the revision petitions.
The prosecution case, as alleged, against the petitioners is to the effect that on May 16, 2013 at about 13-25 hours, the informant on the basis of a secret source information came to know that Phensedyl bottles were being unloaded from one truck bearing registration no. WB 25 D/5448 in front of Everest Transport Company at N.N. Road, Kotwali Police Station, Cooch Behar. The said information was diarised and investigation was commenced. In the course of investigation one Susanta Ghosh, introduced himself as driver of the vehicle and he stated that vehicle had been booked 2 for ferrying goods from Kolkata to Cooch Behar. The said driver, however, was unable to produce documents relating to possession of Phensedyl and stated same were loaded by the owners of the Everest Transport company. The consignment of 51 cardboard cartoons containing 100 ml. bottles of Phensedyl each were seized in course of investigation. In conclusion of investigation, charge-sheet was filed against the petitioner in the case as owners of the said transport company who were responsible for the transportation of the aforesaid seized consignment of Phensedyl without legitimate papers.
At this stage the petitioners have assailed the impugned proceeding. Supplementary affidavit has been filed on behalf of the petitioners. Relying on the documents annexed to the petition it is argued that Phensedyl was sold by M/s. Sarkar Industries to one Mithun Sarkar, Cooch Behar. Learned advocate for the State produces the case diary. I have considered the materials in the case diary, particularly the statements of employees of Everest Transport Company wherefrom it appears that said consignments of Phensedyl were being transported with the knowledge and at the behest of the petitioners who are the owners of the said company. Nothing has been collected in the course of investigation as to the licit transportation of the said consignments of Phensedyl. No doubt that the Phensedyl is also a medicinal product and may be used for the medicinal purpose. It is for the petitioner in the course of his defence to justify the transportation of Phensedyl for such medicinal purposes during trial. Documents annexed to the petition are not unimpeachable documents of sterling quality which may be relied upon or even if it so relied up can ipse dixit give a clean chit to the petitioners.
Truthfulness or otherwise of such defence are to be gone into in course of trial. However, in view of the materials on record, I find that a prima facie case has been made 3 out against the petitioner under the provisions of N.D.P.S. Act and no interference is called for at this stage.
The petitioners shall be at liberty to raise all defences available to them at the appropriate stage of the proceeding in accordance with law, if so advised. Observations made in this order are for the purpose of disposal of this petition and shall have no bearing at any subsequent stage of the proceeding.
With the aforesaid observations, the revision petitions being C.R.R. 2384 of 2015 and C.R.R. 2598 of 2015 are disposed of.
Let photostat certified copy of this order be given to the parties, if applied for, on urgent basis upon compliance of all formalities.
(Joymalya Bagchi, J.)