Suprio Dutta v. State Of West Bengal And ORS.

S/L 8 22.12.2025 Court. No. 25 suvayan WPA 7340 of 2025 Suprio Dutta Vs.

The State of West Bengal & Ors.

Mr. Rajdeep Mazumder, Sr. Adv.

Mr. Pritam Roy Ms. Arushi Rathore Ms. Triparna Roy ...for the petitioner.

Mr. Tanoy Chakraborty Mr. Saptak Sanyal ...for the State.

1.

The petitioner has filed the present writ application praying for a direction upon the authorities to set aside the order of cancellation of the license of the petitioner vide order date January 16, 2017 or in the alternative to refund the fee paid by the petitioner collected through GRIPS Portal for renewal of his license.

2. Now at the time of hearing the petitioner, the petitioner has not pressed the first part of the prayer (b). He only prays for refund of the amount paid for renewal of the license. The authorities have filed the report wherein it is mentioned that the license has been cancelled under the NDPS Act, in pursuance of policy decision of the Government of India as it was found that business in any narcotic substance, which is devoid of any medical value, contravenes the mandatory conditions of Section 8 of the Central Act. Therefore, it cannot be revived as such revival will be contrary to statute. The report further stated that if the petitioner applies for refund (with valid documentary proof) of any payment made towards license fee even after cancellation of the poppy straw

license, such application may be forwarded to concern authority for consideration.

3. Considered the submission made by the learned counsel for the parties.

4. It is informed by the parties that a criminal case is pending against the petitioner before the criminal court. Thus this Court has not gone into the merit of the matter. The petitioner is at liberty to take appropriate steps before the appropriate Court with regard to the criminal prosecution initiated against the petitioner.

5. In the present writ application the petitioner only prayed for refund of the fee paid by the petitioner for renewal of the license. The authorities have filed the report wherein this Court finds that the authorities have also ready to refund the said amount.

6. Accordingly, the petitioner is given liberty to make appropriate application for refund of the license fee paid by the petitioner for renewal of the license to the authority within a period of two weeks from date, if any representation is filed by the petitioner for refund of the renewal of the license, the authorities shall consider and refund the said amount within a period of six weeks from the date of receipt of the representation of the petitioner.

7. WPA 7340 of 2025 is disposed of.

8. Urgent Xerox certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Krishna Rao, J.)