IMPORTANT POINT
The court established that the procedural requirements under Section 202 of the Code of Criminal Procedure do not apply to Sessions Judges, affirming their authority to take cognizance of cases under special statutes like the Drugs & Cosmetics Act.

JUDGMENT :

Anil Kumar Choudhary, J.

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash and set aside the entire criminal proceedings in connection with Drugs & Cosmetics Act Case No.01 of 2022 whereby cognizance has been taken by the learned Sessions Judge, Jamtara for the offences punishable under Sections 18 (a) (i), 18 (a) (vi), 18 (b) and 27 (d) of the Drug & Cosmetic Act, 1940 which is now pending in the court of the learned Sessions Judge, Jamtara.

3. The brief facts of the case is that the Drug Inspector on 23.07.2021 collected sample of drug being Ciprofloxacin Hydrochloride Tablets I.P. 500 Mg from Sri Arun Kumar, District Store, Sadar Hospital, Jamtara and sent the same for analysis to the Government analyst. On 29.12.2021 the Government analyst reported that the sample does not confirm to I.P. with respect to the test of dissolution. The result was as under:-

The said drug was manufactured by the petitioner No.1 and the petitioner No.2 was the Assistant General Manager, Production and the petitioner No.3 was the Manager, Quality Control and thus both the petitioner Nos.2 and 3 were directly responsible for ensuring the production and quality control of the drugs concerned; up to the standard, it should have been. The sample along with the report was sent to the petitioner No.1 on 08.01.2022 but the same was not responded by the petitioner No.1. Again, on 31.01.2022, a clarification was sought for from the petitioner No.1. The petitioner No.1 on 16.02.2022 submitted its explanation and demanded a portion of the sealed sample. The same was dispatched to the petitioner No.1 on 10.03.2022. Ultimately, on 07.06.2022, the petitioner No.1 submitted its clarification intimating that under the supervision of the petitioner Nos.2 and 3, the sub-standard Ciprofloxacin Hydrochloride Tablets I.P. 500 Mg was manufactured. Alleging that the petitioners have committed the offences under Sections 18 (a) (i), 18 (a) (vi), 18 (b) punishable under Section 27 (d) of the Drugs & Cosmetics Act, 1940, an official complaint was lodged by the State of Jharkhand through its Health, Medical Education and Family Welfare Department by the Drug Inspector concerned in the court of Sessions Judge, Jamtara. The learned Sessions Judge, Jamtara vide order dated 29.11.2022 in Drugs & Cosmetics Act Case No.01 of 2022 perused the prosecution report and found sufficient materials to proceed against the accused person of the case cited in the complaint for having committed the offences under Sections 18 (a) (i), 18 (a) (vi), 18 (b) punishable under Section 27 (d) of the Drugs & Cosmetics Act, 1940 and took cognizance of the said offences.

4. Learned counsel for the petitioners submits that as the petitioners who are the accused persons of the case, are residing in a place beyond the area in which any Magistrate exercises his jurisdiction; so, the Sessions Judge ought to have postponed the issue of process against the petitioners; who are the accused persons of the case and either enquired into the case himself or directed an investigation to be made by a Police Officer or by such other person as he thinks fit; for the purpose of deciding whether or not there is sufficient ground for proceeding. But the learned Sessions Judge having not done so but instead having straightaway taken cognizance on the basis of official complaint, hence, the same is not sustainab