VIVEK SINGH THAKUR
Maman Chand Jain – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT
Vivek Singh Thakur, J.—Petitioner has approached this Court by means of this petition filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC), for quashing of FIR No. 22/2016, dated 13.03.2016, under Section 27 (c) read with Section 18(a)(i),17-B, 36AC of Drugs and Cosmetics Act, 1940 (for short ‘Drugs Act’) and Section 420 of the Indian Penal Code (for short ‘IPC’), registered at Police Station Kala Amb, District Sirmour, (HP), against him and his wife Smt. Meenakshi Jain, mainly on the ground that only an Inspector or duly authorized gazetted officer of the Central Government or the State Government, or a person or a recognized consumer association, as provided in Section 32 of the Drugs Act, is competent to institute a prosecution for the offences committed under the Drugs Act and, as in the present case, the FIR has been registered and investigation is being carried out by the police officer(s), who are not duly authorized to institute the prosecution under the Drugs Act, FIR as well as consequential proceedings/investigation being carried out by the police, is liable to be quashed and set aside.
2. It is submitted on behalf of the
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