- (1.) Heard Shri Ratnesh Chandra, learned counsel for the petitioners and Mrs. Shikha Sinha, learned counsel for opposite party.
(2.) By means of the present petition, under section 482 Code of Criminal Procedure (for short ''Cr.P.C'.), the petitioners Vicky @ Baba and Mukesh Kumar have prayed for quashing the order dated 27.3.2014 of framing of charges against the petitioners under Sections 8/21, 25, 29 of Narcotic Drug And Psychotropic Substances Act,1985 (for short 'NDPS Act') passed by the Additional Sessions Judge, Court No. 8, Lucknow in Criminal Case No.26 of 2014 Union of India Vs. Vicky @ Baba and others as well as the entire proceeding of the above mentioned case.
(3.) Brief facts for deciding this petition are that on 02.09.2013 a secret information was received by Narcotics Control Bureau, Lucknow (hereinafter referred to as ''NCB') that the petitioners are doing an illegal trade of drugs. After secret information a raid was conducted in the premises of Yash Traders , Proprietor, Mukesh Kumar, the Petitioner No.2, situated at G/14, Sector G, LDA Colony, Kanpur Road, Lucknow, wherein the petitioner No.1 Vicky @ Baba was found carrying the business of whole sale medicines by a team of officials of NCB. The petitioner No.1 Vicky @ Baba alleged to have a drug licence in the name and style as Baba Pharmacuticals, Shop No.8, IInd floor, Sugnamal Market, Aminabad, Lucknow. The licensed premises of petitioner Vicky was situated in shop Shop No.8, IInd floor, Sugnamal Market, Aminabad, Lucknow. During the course of raid, a huge quantity of Phensedyl Cough Syrup, Spasmoproxyvon Capsules and Spasmocip Plus Capsules were found in the aforesaid shop of Yash Traders situated at G/14, Sector G, LDA Colony, Kanpur Ropad,Lucknow. In the presence of the petitioner, a recovery memo was drawn after completing the proceeding of raid on 03.09.2013. The facts mentioned in the recovery memo reveal that following drugs were found; (I) Phensedyl Cough Syrup (Total 10,700 bottels) 214 boxes containing 50 bottles of 100 ml in each box 95 Cartons containing 50 bottels of 100 ml in each box, (ii) Spasmoproxyon Capsules, total 12,70,080 Capsules 147 Cartons containing 60 box of 24x6 capsule in each box (iii)Spasmocip Plus Capsules, total 5,04,000 capsules 14 Cartons containing 90 box of 8x10 capsule in each box;