Authority: Calcutta High Court (Criminal Revisional Jurisdiction, Appellate Side)

Order Date: 21 July 2026

Case Overview

  • Petitioner: Devendra Ahuja (alias Chintu), proprietor of M/s. Jai Ram Ji Ki Medical Agency, Agra.
  • Respondent: State of West Bengal.
  • Applications: Three revision applications – CRR 3987/2024, CRR 3678/2024, CRR 3680/2024 – seeking quashing of NDPS cases No. 15 of 2023, No. 122 of 2022 and No. 73 of 2020.
  • Allegations: Based on statements of co‑accused Suman Sardar and Alok Kumar Mondal linking petitioner to supply of phensedyl cough syrup and codeine phosphate. No contraband was recovered from petitioner’s possession.
  • Prosecution Evidence: Relied on hearsay, statements recorded under Section 161 Cr.PC., alleged money‑trail and bank transactions, and witness statements under Section 67 NDPS Act.
  • Court Findings: The statements of co‑accused are inadmissible; no material evidence, no nexus, no possession under Section 54 NDPS Act; petitioner holds a valid drug licence under the Drugs and Cosmetics Act and has no prior criminal record. Large monetary transactions do not ipso facto indicate narcotics dealing.

Final Outcome

  • The High Court allowed all three revision applications and quashed the NDPS proceedings (Koliachak PS Cases 0875/2022, 718/2020 and Hogalberia PS Case 39/2023) insofar as the petitioner is concerned.
  • The order of the Special Court dated 5 August 2024 in NDPS Case No. 15 of 2023 was set aside/quashed.
  • The petitioner was ordered to be released immediately and discharged from his bail bond; no order as to costs.

Topics: Legal; Criminal Law