Before issuing process in a criminal complaint, the court must ensure that there are allegations and material on record suggesting the accused's involvement in the alleged offences. Additionally, the court emphasized the jurisdictional requirement for trying certain offences under the Drugs and Cosmetics Act.

JUDGEMENT/ORDER :

1. The petitioner has challenged the complaint filed by respondent No. 2 against him alleging commission of offences under Section 18(c) of Drugs and Cosmetics Act read with Rule 65(17) of Drugs and Cosmetics Rules as also the order dated 22nd June, 2013, passed by learned Judicial Magistrate, 1st Class, Pampore, whereby process has been issued against the petitioner.

2. The facts emerging from the record reveal that on 22.06.2013, respondent No. 2 filed a complaint against the petitioner as well as co-accused Jan Mohammad Mir and Bashir Ahmad Mir, before the Court of Judicial Magistrate, 1st Class, Pampore. In the said complaint it was alleged that, while conducting routine inspection of Pampore area on 19.12.2012, one medical shop under the name and style of M/S. Fair Price Medical Shop situated at SDH, Pampore, was found indulging in stocking, exhibiting for sale and selling drugs and medicines by way of retail. As per the complaint, Jan Mohammad Mir and Bashir Ahmad Mir are the partners of the aforesaid medical shop. On 08.01.2013, the premises of the shop was again inspected and drugs, bills and physician's sample (not for sale) were found on the shelves of the premises which were seized and, accordingly, permission for prosecution was obtained against Jan Mohammad Mir and Bashir Ahmad Mir. The complaint goes on to allege that the aforesaid two accused have committed an offence by contravening Section 18(c) of the Drugs and Cosmetics Act, 1940, by stocking, exhibiting for sale and selling the drugs and medicines without drug sale licence.

3. The learned Magistrate vide his order dated 22.06.2013, recorded his satisfaction that offences under Section 18(c) and Rule 67(17) of Drugs and Cosmetics Act/Rules, are, prima facie, made out against the accused including the petitioner and, accordingly, the process was issued against them.

4. The petitioner has contended that there is no allegation in the complaint against him nor there is any material annexed to the complaint that would show any involvement of the petitioner in the alleged offence. It is further contended that the learned Magistrate has taken cognizance of the offence and issued process against the petitioner without applying his mind, inasmuch as not even sanction for prosecution was granted against the petitioner.

5. I have heard learned counsel for the parties and perused the record of the case including the record of the trial court.

6. A perusal of the complaint reveals that there is no allegation contained in the complaint as against the petitioner herein. In the complaint it is clearly stated that the Fair Price Medical Shop that was inspected belongs to Jan Mohammad Mir and Bashir Ahmad Mir. The order granting permission for prosecution also pertains to only the aforesaid two accused and not to the petitioner. In the absence of any allegation against the petitioner in the complaint and in the absence of any material on record to even remotely suggest the involvement of the petitioner in the alleged offences, it cannot be stated that a case for proceeding against him is made out. Merely because the petitioner, as per certain documents on record, was working as a salesman does not mean that the offences are made out against him. It was the obligation of the owners of the shop to produce the licence before the concerned authorities and even as per the complaint it were the partners of the shop who were running the same without any valid drug licence. It is not the case of the complainant that the petitioner was running the shop. In the absence of any material on record against the petitioner in the complaint, no process could have been issued against him.

7. Issuance of process in a criminal case is a serious matter and a Magistrate before issuing process against a person in a criminal complaint has to apply his mind to the material on record and he is not expected to act mechanically. Once a process is issued in a criminal complaint against an accu