The police have no jurisdiction to investigate offences under the Drugs and Cosmetics Act, 1940. Prosecution for such offences can only be instituted by a Drug Inspector or by the person aggrieved.

P. K. Sarin, J.

1. This Criminal writ application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for quashing of the investigation by the police arising out of Malsalami P. S. Case No.3 of 1996 under Sec.22 (3) and 27 (b) of the drugs and Cosmetics Act, 1940 (hereinafter referred to as the Act ).

2. It appears that the First information report has been filed by the drug inspector (Opposite party No.2)against the petitioner and two others alleging that a group of Drug Inspectors inspected the premises of M/s Sultania and Sultania of Patna City who are Candf agent of the present petitioner. The inspection was done on 6-9- 95 and it was found that 1,600 cartons, each carton containing 24 pieces, each piece containing 200 MI. floor cleaner, manufacfired by M/s San Soaps and Detergent, bangalore and marketed by the present petitioner were found with packing date of December, 1994 having no batch number and expiry date. It is alleged in the First Information Report that M/s san Soaps and Detergent have manufactured the said floor cleaner without licence. The Drug inspector issued direction to the concerned firm not to dispose of the said articles. It is further alleged that the photostat copy of the manufacturing licence made available by the present petitioner revealed that the licence was granted to M/s San soaps and Detergent on 18-5-95. The said floor cleaner is marketed by the present petitioner through its authorised agent m/s Sultania and Sultania, who failed to make available the documents regarding stock transfer note to the Drug inspector and they did not produce the same as such the M/s Sultania and Sultania have contravened the provisions of section 22 (1) (ccc) which are punishable under section 22 (3) of the Act. As regards the present petitioner, the only allegation, was that the present petitioner is marketing the said floor cleaner through its agent M/s Sultania and Sultania without licence. Sec.22 (c) of the Act shows that a Drug inspector at all reasonable times, with such assistance, if any, as he considers necessary:-

" (1) search any person, who, he has reason to believe, has secreted about his person, any drug or cosmetic in respect of which an offence under this Chapter has been, or is being, committed, or (ii) enter and search any place in which he has reason to believe that an offence under this Chapter has been, or is being, committed, (Hi) stop and search any vehicle, vessel or other conveyance which he has reason to believe, is being used for carrying any drug or cosmetic in respect of which an offence under this Chapter has been, or is being, committed, and order in writing the person in possession of the drug or cosmetic in respect of which the offence has been, or is being, committed, not to dispose of any stock of such drug or cosmetic for a specified period not exceeding twenty days, or, unless the alleged offence is such that the defect may be removed by the possessor of the drug of cosmetic and any substance or article by means of which the offence has been, or is being committed or which may be employed for the commission of such offence. "

Thus section 22 (i) (c) shows that the Drug Inspector may search any person or enter and search any place or stop and search any vehicle when he has reason to believe that any drug or cosmetic has been, or is being used for committing any offence under Chapter iv of the Act. It is further provided that the Drug Inspector may order in writing the person in possession of the drug or cosmetic in respect of which the offence has been committed not to dispose of any stock of such drug or cosmetic for a specified period not exceeding twenty days.

3 Although in the First Information report offence is alleged to be under section 22 (1) (c) (II) of the Act but from the facts alleged in the inspection it appears to be a case of contravention of provisions of section 22 (1) (cca) which empowers the Drug inspector to requi