Back
2023 Supreme(Pat) 89
Dr. ANSHUMAN, J.
Cr. WJC No.186 of 2022
(16.3.2023)
Ram Bachan Sah ... Petitioner
vs.
State of Bihar & Ors. ... Respondents
Act Referred
DRUGS AND COSMETICS ACT : S.32
Headnote
Drugs and Cosmetics Act, 1940 – Section 32 – Constitution of India – Articles 226 and 227 – Quashing application – There is no evidence found to make out a case against offences under various Sections of I.P.C. and direction was made to investigating officer to submit final form in this case before Court below, regarding offences mentioned under IPC in F.I.R – Filing of F.I.R. under Drugs and Cosmetics Act is not within its jurisdiction – FIR quashed. (Paras 4 and 5)
For the Petitioner: M/s Dhananjay Kumar, Kundan Kumar Jha.
For the Respondents: Mr. Anil Kumar, AC to SC - 8.
Dr. Anshuman, J. – Heard learned counsel for the petitioner and learned counsel for the State.
2. Present Writ application has been filed for quashing the F.I.R. bearing Jandaha P.S. Case No. 254 of 2021 instituted under the provisions of Indian Penal Code and the Drugs and Cosmetics Act.
3. Counsel for the petitioner submits that vide order dated 28.04.2022, a protection order has been granted in favour of the petitioner and direction has been given to respondent no. 2 and 3 to file counter affidavit, personally shown by them indicating therein, that on what basis the present F.I.R. came to be instituted, when filing an F.I.R. is barred under Section 32 of the Drugs and Cosmetics Act, 1940.
4. Counsel for the petitioner submits that a supplementary counter affidavit has been filed, in which reference relating to Full Bench of Hon'ble Supreme Court, Union of India vs. Ashok Kumar Sharma and others, (2020 SCC OnLine SC 683) has been described and subsequently it has come on record that there is no evidence found to make out a case against offences under various sections of the I.P.C. and direction was made to the investigating officer to submit the final form in this case before Court below, regarding the offences mentioned under the Indian Penal Code in the F.I.R. From the said counter affidavit, filed by the State, it has been accepted that filing of the F.I.R. under Drugs and Cosmetics Act is not within its jurisdiction.
5. Considering this aspect of the matter, the F.I.R. bearing Jandaha P.S. Case No. 254 of 2021 is hereby quashed and the present Cr. Writ petition is hereby disposed off.
