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 the FIR, based on the abuse of process of law.

JUDGMENT :

In both the cases, common facts and FIR are under challenge, that’s why both the petitions have been heard together with the consent of the parties.

2. In both the cases, prayer has been made for quashing of the entire criminal proceeding including the FIR, being Chutia P.S. Case No. 96 of 2016 corresponding to G.R. No. 3787 of 2016, registered for the offence under Sections 27(b)(ii) and 27(d) of the Drugs and Cosmetics Act, 1940, against the petitioners, pending in the court of learned Judicial Magistrate, 1st class, Ranchi.

3. Learned counsel appearing for the petitioners submits that on 27.06.2016 the O.P. No. 2 along with other persons suddenly came in the premises of the petitioners and under the pretext of non-production of license for sale of medicines illegally seized the medicines and lodged the FIR. He further submits that the petitioner in W.P.(Cr.) No. 384 of 2016 has done his MBBS from Rajendra Medical College, Ranchi and is duly registered and qualified to practice and he has been practicing since 1988. He further submits that petitioner No. 1 in W.P.(Cr). No. 311 of 2016 has done his MBBS from NMCH, Patna and is duly registered and qualified to practice and he has been practicing since 1985 and petitioner No. 2 has done her MBBS from JLNMC&H, Ajmer, Rajasthan and is duly registered and qualified to practice and is practicing as such since 1987 and is present in Government job.

4. Learned counsel appearing for the petitioners further submits that the FIR under the Drugs and Cosmetics Act, 1940 is not maintainable and only complaint case has to be filed. He further submits that the investigation has been by the police, which is also not sustainable in the eyes of law.

5. Learned counsel appearing for the State submits that illegality has been found that’s why the FIR has been lodged against the petitioners.

6. It appears that the point involved in this petition has also been considered by the Hon’ble Supreme Court in the case of Union of India v. Ashok Sharma and Others, reported in (2021) 12 SCC 674, wherein at paragraph No. 170 of the said judgment it has been held as under:-

“170. Thus, we may cull out our conclusions/directions as follows:

170.1 In regard to cognizable offences under Chapter IV of the Act, in view of Section 32 of the Act and also the scheme of the CrPC, the Police Officer cannot prosecute offenders in regard to such offences. Only the persons mentioned in Section 32 are entitled to do the same.

170.2. There is no bar to the Police Officer, however, to investigate and prosecute the person where he has committed an offence, as stated under Section 32(3) of the Act, i.e., if he has committed any cognizable offence under any other law.

170.3. Having regard to the scheme of the CrPC and also the mandate of Section 32 of the Act and on a conspectus of powers which are available with the Drugs Inspector under the Act and also his duties, a Police Officer cannot register a FIR under Section 154 of the CrPC, in regard to cognizable offences under Chapter IV of the Act and he cannot investigate such offences under the provisions of the CrPC.

170.4. IV. Having regard to the provisions of Section 22(1)(d) of the Act, we hold that an arrest can be made by the Drugs Inspector in regard to cognizable offences falling under Chapter IV of the Act without any warrant and otherwise treating it as a cognizable offence. He is, however, bound by the law as laid down in D.K. Basu (supra) and to follow the provisions of CrPC.

170.5. It would appear that on the understanding that the Police Officer can register a FIR, there are many cases where FIRs have been registered in regard to cognizable offences falling under Chapter IV of the Act. We find substance in the stand taken by learned Amicus Curiae and direct that they should be made over to the Drugs Inspectors, if not already made over, and it is for the Drugs Inspector to take action on the same in accordance with the law. We must record that we are resorting to