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Possession essential element under Sec 54 NDPS Act: HC

Millennium Post Kolkata

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Kolkata 23 March 2025

Observing that possession is an essential element under Section 54 of NDPS Act to shift the burden on the accused, Calcutta High Court quashed criminal proceedings against proprietors of two medicine distributor companies in a case of cross-border narcotic smuggling.

- SOUMYADIP MULLICK

KOLKATA:

The bench of Justice Suvra Ghosh was moved by the two petitioners after a special NDPS court turned down their prayer for discharge.

In 2021, two persons were arrested. More than 1000 phensedyl bottles were seized from them. The Mumbai-based manufacturing company is learnt to have sold the bottles to the first petitioner's company which then sold it to 12 drug stores in Uttar Pradesh from where they were bought by the company of the second petitioner and supplied to two other medical firms.

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