ORDER

Heard learned senior counsels for the parties.

2. The petitioner has moved the Court for the following reliefs: –

“i. To quash the order dt. 21.09.2022, whereby and where under the learned Additional Session Judge-I cum-Special Judge Drugs & Cosmetics Act, Katihar, took the cognizance against the petitioner for the offences u/s 120 (B), 274, 275, 276, 419, 420, 467, 468, r/w 34 IPC & 27(b)(ii), (d), 28, 28(A), 27(a), 27(c) of Drugs & Cosmetics Act on the basis of the materials available on records whenever the police after investigation the case submitted the charge-sheet found false case against the Petitioner. under the Special Acts & Drugs & Cosmetic Act, 1940, without following the mandatory provision of Drugs and Cosmetics Acts where the search, seizure and investigation conducted by the police/team is otherwise bad in law hit by Special enactment 32 of the Act in question, so that the order taking cognizance by the Court is otherwise bad in law without jurisdiction because the petitioner is registered medical practitioner specialist in ENT, so that for the concerned of his specialized drugs were kept under the provision of the act where no medicinal shop running in his clinic where only 29 types of medicines (like pain, antibiotic, gas medicine, allergy, ear drops, nasal drops and vitamins) which were not kept for sale purpose. There was no stock, no exhibit or offer for sale or distribution thereof in the clinic of the doctor and as such seized medicines purchased by the petitioner from duly licensed premises, through valid bill. It is stated that the drugs mentioned in from-16 only & only the drugs found of his subject in whom the petitioner is specialized, which shows that the concerned medicines not kept for the sale, but for the patients use.

ii. To direct the respondents to pay Rs. One crore (1) for loss and damage of his career whatsoever where the social prestige of a doctor has been demolished and spoiled his future career by the illegal action taken illegally against the petitioner, whenever the petitioner is a registered medical practitioner as per the Medical Council Act authorized him to purchase any medicine for the clinical purpose upon his Registration/License No. 34754. It is submitted that Committee Constituted illegally with ulterior motive & wreaking vengeance without affording any opportunity or asking any explanation to the petitioner and in violation of principle of natural justice illegally registered FIR just to spoil his entire career and reputation in the society of the area where no complain or any claim to this effect has been filed either by the patients or by any affected persons in the present case. It is stated that the medicine which have been seized are labeled with name and address registered medical practitioner by whom it is supplied. It is submitted that a medical doctor if he acquires the drugs from a duly licensed premise for the clinical purpose can keep the same in the clinic not required drugs License, in that situation not liable for contravention of Drugs and Cosmetic Act and Rules. There is no chit of paper to suggest or prove the selling of drugs either by the staff or by the Petitioner. It is stated that no opportunity was given to the petitioner disclosing the source from where small quantity of drugs acquired. In that situation action under challenge is improper/unjust/without jurisdiction.

iii. It is further to take action under the same acts against the Respondents who are with common intention with malfide consequences under conspiracy targeted the medical practitioner under practice rivalry concocted false & fabricated case against the petitioner.”

3. As per the FIR, a raid was conducted in the clinic of Dr. Md. Sarfaraz (petitioner) at about 1 PM. At that time petitioner was absent and medicines were found to be sold illegally without license. It is stated that during the course of raid, certain medicines were seized and inspection report was prepared. After invest