Back
Dr. ANSHUMAN, J.
Cr. WJC No.186 of 2022
(16.3.2023)
Ram Bachan Sah ... Petitioner
vs.
State of Bihar & Ors. ... Respondents
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)
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.
The main legal point established in the judgment is the interpretation of the provisions of the Drugs and Cosmetics Act, 1940, and the court's authority to quash the criminal proceeding, including th....
Police cannot register FIR or investigate cognizable offences under Chapter IV of Drugs & Cosmetics Act; authority vests with Drugs Inspectors. Proceedings quashed qua Drugs Act offence but continued....
The main legal point established in the judgment is the limitation on police powers to register an FIR for offences under Chapter IV of the Drugs and Cosmetics Act, 1940, as specified in Section 32 o....
An F.I.R. is invalid if it is not supported by a duly sworn affidavit from the complainant, as mandated by Section 154(3) of the Cr.P.C.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
