huge quantity of tablets containing narcotic substance from his possession. Mohan Lal, during the course of investigation, informed the police that he has purchased the said narcotic contraband from the petitioner, who is a license holder of a medical shop in Dungargarh, District Bikaner. It is submitted that as a matter of fact, the petitioner is a license holder and selling drugs under the license issued to him by the authority concerned. It is submitted that the petitioner is not holding any license to sell or purchase the drugs under the NDPS Act or Rules made thereunder. It is submitted that petitioner had purchased drugs from a whole- seller of Sikar, who had purchased the said drugs from somewhere else. It is submitted that in the charge-sheet, the police have simply mentioned that accused Suresh, who is a license holder has violated the condition of license, therefore, charge-sheet against him has been filed under Section 26 of the NDPS Act. It is submitted that since the petitioner was not holding any license issued under the NDPS Act or Rules made thereunder, Section 26 of the NDPS Act is not applicable to his case. It is submitted that the police have also illegally filed charge-sheet against the petitioner under Sections 8/21 and 29 of the NDPS Act because the police have failed to collect any evidence to suggest that the petitioner was connected with co-accused persons namely Suresh and Mohan Lal in any manner. It is prayed that in the facts and circumstances of the case, the petitioner be enlarged on bail.
