The police have jurisdiction to register an FIR and investigate a case under the Drugs and Cosmetics Act, and prosecution can be launched based on a police report without the need for a complaint petition filed before the competent court.

Sanjay Priya, J.

This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the First Information Report of Pirbahore P.S. Case No.223 of 2014 instituted on 23.07.2014 (Special Case No.55 of 2014) for the offence under Sections 419, 420, 464, 465, 468, 471, 485, 486, 488, 406, 413, 414, 379, 274, 275, 276, 284, 120 Indian Penal Code, Sections 27(a), 27 (c), 27(b) (ii), 27 (d), 28, 28(A), 30(a), 30(b), 30(c), 36AC of the Drugs and Cosmetics Act, 2008, Section 7 (i)(ii)/10A of the Essential Commodities Act, 1955, and Section 22(b), 23(b), 21(b) of the NDPS Act, Section 139, 142, 143 of the Income Tax Act, and Section 56(1), 56(4)(b) of the Bihar Sale Tax Act.

2. During pendency of this application, one Interlocutory Application bearing I.A. No.1862 of 2018 has been filed for quashing the order dated 06. 03.2018 passed in instant case i.e. Special Case No.55(A) of 2014 whereby the 1st Additional Sessions Judge, has taken cognizance against the petitioners for the offence under Sections 419, 420, 464, 465, 468, 471, 485, 486, 488, 406, 413, 414, 379, 274, 275, 276, 284, 120-B Indian Penal Code, Section 27(a), 27(c), 27 (b)(ii), 27 (d), 28, 28(A), 30(a), 30(b), 30(c), 36AC of the Drugs and Cosmetics Act, Section 7 (i)(ii)/10A of the Essential Commodities Act, 1955, Section 22(b), 23(b), 21(b) of the NDPS Act, Section 139, 142, 143 of the Income Tax Act and Section 56(1), 56(4)(b) of the Bihar Sales Tax Act.

3. It has been submitted that from conjoint reading of Section 22 and 23 of the Drugs and Cosmetics Act (hereinafter to be referred as "Act"), it will transpire that there shall be specified Drug Inspector for specified area, who will have jurisdiction and authority to conduct raid, search & seizure and filing of the complaint case, but in the instant case, Sri Yashwant Kumar Jha, the Informant, has not been authorized as Drug Inspector of the G M Road, Patna, in terms of Section 22 and 23 of the Act. Therefore, all the actions including raid, search and seizure, seal and institution of First Information Report is illegal and cannot sustain in the eye of law.

4. It is also submitted that from perusal of Section 23(6) of the Act, it is clear that only Drug Inspector can lodge a complaint in the Court of the Judicial Magistrate and not to institute FIR at Police Station. In the instant case, by transgression in mandatory provision under Section 23(6) of the Act, the Informant has lodged the First Information Report at Pirbahore Police Station under different Sections of Indian Penal Code, Bihar Sales Tax Act, Income Tax Act, NDPS Act, and Essential Commodities Act for which the petitioners are not responsible and not liable for the alleged criminal liability. It is also submitted that in terms of Section 25(4) of the Act the Informant is not entitled for taking sample and sending sample to Government Analyst. The Informant, who is unauthorized Drug Inspector, has acted arbitrarily in violation of Section 23(4) (II) of the Act.

5. It is also submitted that none of the seized drugs contained contraband in excess of permissible limit and, hence, not a single Section of the NDPS Act, 1985, is attracted and cannot be imposed upon the Petitioners, which clearly reveals that the Petitioners have been implicated into a false and fabricated case. Learned counsel for the Petitioners has further submitted that the Informant was not authorized to lodge a case in terms of Section 32 of the Act.

6. Section 21(1) of the Act express that the State Government may issue Gazette notification in the capacity of Official Gazette for appointment of Drug Inspectors for such fixed specified area as may be assigned to them by the Central Government or the State Government. Counsel for the Petitioners has submitted that 19 drugs recovered from the shop and godown of the Petitioner No.1 and 2 were sent to the Bihar Drugs Control Laboratory, Government of Bihar, Patna, for enquiry and giving expert opinion and out of