Rakesh Kumar vs State Of Bihar - 2024 Supreme(SC) 1297

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 1297

HRISHIKESH ROY, PRASHANT KUMAR MISHRA
Rakesh Kumar – Appellant
Versus
State Of Bihar – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Mithilesh Kumar Singh, AOR, Mrs. Manju Singh, Adv., Mr. Ashutosh Kumar Singh, Adv., Mr. Tarun Verma, Adv., Mr. Aditya Durgvanshi, Adv., Mr. Saumitra Singh, Adv.
For the Respondent: Mr. Samir Ali Khan, AOR, Mr. Pranjal Sharma, Adv., Mr. Kashif Irshad Khan, Adv., Mr. Abhimanyu Jhamba, Adv.

ORDER :

1. Leave granted.

2. Heard Mr. Mithilesh Kumar Singh, learned counsel appearing for the appellant. The State of Bihar is represented by Mr. Samir Ali Khan, learned counsel.

3. The challenge here is to the order dated 27.09.2018 whereunder, the learned Judge of the High Court dismissed the petition filed under Section 482 of Cr.P.C. The appellant challenged order dated 22.11.2016 passed by the learned Judicial Magistrate First Class, Jamui taking cognizance of the offence in the Lakshmipur P.S. Case No. 11 of 2016 under various sections of the Drugs and Cosmetics Act, 1940. Prayer was also made for quashing the said proceedings. The High Court however noticed that a prima facie case against the appellant is made out and accordingly the interference was found to be unmerited with the cognizance order, against the appellant.

4. Notice in this case was issued on 10.12.2018 on the contention raised that a Police officer is not empowered to register any FIR and proceed in a case under the Drugs and Cosmetics Act, 1940 since such proceedings can be competently initiated only on the basis of complaint by a Drug Inspector.

5. The question here is whether the Police officer who submitted

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