JUDGMENT :

SOURENDRA PANDEY, J.

Heard Mr. Chitranjan Sinha, learned Senior counsel for the petitioner assisted by Mr. Sanchay Srivastava, learned counsel for the petitioner and Mrs. Sangeeta Sharma, learned A.P.P. for the State.

2. The petitioner has made the following prayer in this application :-

“That the present application is being filed on behalf of the petitioner above-named for quashing and setting-aside the First Information Report (F.I.R.) bearing Kaimur Excise P.S. Case No. 920 of 2024 dated 02.12.2024 for the offences alleged under Sections 8(c), 21(c) and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1986 (hereinafter referred to as “N.D.P.S. Act”) against the petitioner.”

3. The facts giving rise to the present application is to the effect that a case was instituted on the written complaint of the informant who was posted as Sub-Inspector, Excise Police Integrated Check Post, Mohania, District Kaimur at Bhabua wherein it has been alleged that on 02.12.2024, the vehicles related to illegal materials were being checked and searched at integrated check post, Mohania. It is alleged that a container coming from Uttar Pradesh was intercepted and has no independent witnesses were ready to become witness, the Excise Constables were made independent witnesses and the drivers of the container were searched. It is further alleged that during search from the truck/ container, Phensedyl Codeine Cough Syrup 100 ml containing codeine was recovered in cartoons measuring to 11,105 litres. It has further been mentioned in the F.I.R. that the illegal codeine cough syrup was being taken to Ranchi and for which the bills were provided. It is alleged that on the same day, in the evening, another truck was intercepted and on search total 11,850 litres of Phensedyl Codeine Cough Syrup was recovered from the same. The bills were also provided for such consignment and it sold that the same was being taken from Haryana to Ranchi. It has been alleged that in the F.I.R. that the trucks were coming without digital lock and as there is a complete banned on liquor intoxicating substance can not be transported without a digital lock and transportation of huge quantity of cough syrup containing codeine creates suspicion.

4. Learned Senior counsel appearing on behalf of the petitioner submits that from bare perusal of the F.I.R., it would be evident that the F.I.R. has been lodged on the pretext that the petitioner and the co-accused have violated the provision of Bihar Prohibition and Excise Act and the informant has even referred to in the F.I.R. requesting to lodge an F.I.R. under appropriate section of Bihar Prohibition and Excise Act. However, with malafide intention of the Excise Police and knowing very well there is no reason to detain or arrest the petitioner and only to justify the illegal and arbitrarily action of the police personnel, the provisions of Bihar Prohibition and Excise Act was struck down and over written as N.D.P.S. Act. Learned Senior counsel has submitted that the Phensedyl Cough Syrup is a legally manufactured drug under a valid and legal license by MS Abbott Healthcare Private Limited and its medical product which falls under schedule H1 of the Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1945. It has further been submitted that the seized consignment of the Phensedyl Cough Syrup was manufactured under a valid manufacturing License Act, Himachal Pradesh and the same was being transported from the license warehouse of the Abbott Company at Haryana to super distributor of Abbott Company at Ranchi and the truck in question was legally transporting the said consignment after making bookings of the same. Learned Senior counsel has further pointed out that from the perusal of the document, it would be evident that the drugs were being taken from Haryana to Ranchi and it was not meant for sale, distribution or consumption in the State of Bihar. It has further been submitted that the truck was plying unde