ASHIM KUMAR ROY, J. - (1.)Heard the learned counsel appearing on behalf of the parties. Perused the case papers.
(2.)It is submitted that the present petitioner is in custody for nearly 55 days. It is further submitted that the petitioner is a wholesale drug dealer and possessing proper and valid licence for dealing in drugs, both those specified in Schedule "C" and Schedule "C-1" as well as the drugs not specified in those schedules of the Drugs and Cosmetics Act and Rules framed thereunder. It is further submitted that in view of that he cannot be held liable for any offence punishable under the NDPS Act for having in his possession those drugs in question.
(3.)On the other hand, the learned Counsel for the NCB opposes the prayer for bail and submitted that huge quantity of drugs, namely, 24300 ampoules of Pentazocine and 7765 ampoules of Buprenorphene have been recovered along with other drugs from the shop of the petitioner. It is further submitted according to Section 80 of the NDPS Act the provisions of the said Act and the rules made thereunder shall be in addition to and not in derogation the Drugs and Cosmetics Act, 1940 or the rules made thereunder. Therefore, even if a person possess the drug licence under the Drug and Cosmetics Act, there is no bar to prosecute him under N.D.P.S. Act when such huge quantity of narcotic drugs were found in his possession.