Police cannot prosecute for offences under the Drugs and Cosmetics Act; jurisdiction lies with designated authorities leading to invalid charges filed in sessions court.

JUDGMENT :

NEENA BANSAL KRISHNA, J.

1. Petition under Section 482 Cr.P.C. has been filed on behalf of the Petitioner seeking quashing of FIR No.74/2018 dated 16.03.2018 under Section 420 /468/471/120B IPC and Section 18 (A)(1)/18(C)/27(B)(II)/27(C) of Drugs and Cosmetics Act, 1940 registered at Police Station Crime Branch, Delhi along with the Charge Sheet dated 12.06.2018 and Supplementary Chargesheet dated 19.02.2019.

2. Briefly stated, FIR No. 74/2018 dated 16.03.2018 under Section 420 /466/471/120B IPC and Section 18 (A)(1)/18(C)/27(B)(II)/27(C) of Drugs and Cosmetics Act, Police Station Crime Branch was registered in which after investigations, Chargesheet was filed on 12.06.2018 which was followed with a Supplementary Chargesheet dated 19.02.2019.

3. The case of the Respondent/State is that on the basis of secret information received by ASI Kanwar Pal on 15.03.2018 at about 12:00 P.M in regard to delivery of spurious drugs by one Ashok along with his friend Bijender (the two co-accused) at New Delhi Railway Station between 10:30 P.M to 11 P.M., a Raiding Team was constituted of the various Police officials and Sh. Sanjay Kumar, Drug Inspector was also requested to join the Raiding Team.

4. At about 11 P.M a white colour EECO car bearing registration No. DL-1-LV-7280 came and stopped near the Parcel Yards Gate. After about 15-20 minutes as the car was about to leave, the Raiding party stopped it and caught both the occupants of the car namely, Ashok and Bijender. On the search of the car, four carton boxes of medicines were recovered which on inspection, were declared as spurious by Drug Inspector. The two occupants of the car Ashok and Bijender were unable to furnish any License or Stock Permit for purchasing/selling or stocking the medicines found in their possession.

5. The samples were drawn from the carton boxes, which were sealed and seized by the Police. FIR No.74/2018 under Section 420 /468/471/120B IPC and Section 18 (A)(1)/18(C)/27(B)(II)/27(C) of Drugs and Cosmetics Act was registered. Both the accused persons were taken for investigations to the Police Station. SI Sandeep Yadav on the basis of their Disclosure Statements conducted raid at factory/house at Suleman Nagar, Delhi and went to Bhiwadi, Patna, Calcutta, etc. to nab other connected persons involved in similar activities of spurious medicines.

6. On 19.03.2018, Police Officials conducted raid at the Factory and Shop in Bhiwadi from where allegedly certain medicines claimed to be spurious and belonging to the Petitioner, Naveen Bansal were seized and he was arrested on 20.03.2018. He was brought to Delhi, where further investigations were taken. Samples of seized medicines were sent to FSL and to the Pharmaceutical Companies. As per the FSL Report, the drugs were found to be spurious.

7. The Chargesheet dated 12.06.2018 and the Supplementary Chargesheet dated 19.02.2019 has been filed in the Court in respect of FIR No.74/2018 before the Court of learned Sessions Judge.

8. The Petitioner Petitioner/Naveen Bansal has submitted that he is a businessman and a Chemist by profession doing the business of medicines under a valid License. He has claimed that SI Sandeep Yadav, I.O colluded with Umar Mohd. Owner of M/s U.M. Engineering Works