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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Aslam Parvez @ Aslam Pravej @ Ashlam Parwej son of Md. Mubarak Ansari – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petition under 482 crpc to quash cognizance in drugs and ipc case. (Para 1 , 2) |
| 2. police seized unlicensed cough syrup, intoxicants, and tampered motorcycle. (Para 3 , 4) |
| 3. police barred from fir/investigation of drugs act offences; state concedes. (Para 5 , 6 , 7) |
| 4. fir and investigation invalid for section 27(b)(ii) drugs act. (Para 8) |
| 5. quash drugs act proceedings; continue ipc charges. (Para 9 , 10) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with the prayer to quash the entire criminal proceeding against the petitioner including the order taking cognizance dated 22.08.2020 passed by the learned Additional Sessions Judge-II, Hazaribagh in connection with Korrah P.S. Case No. 97 of 2020, corresponding to Drugs and Cosmetics Case No. 02 of 2020, whereby and where under the learned Additional Sessions Judge-II, Hazaribagh has taken cognizance of the offence punishable under Section 414/34 of the Indian Penal Code and under Section 27(b)(ii) of the Drugs & Cosmetics Act, 1940 consequent upon submission of chargesheet in respect of the
Police cannot register FIR or investigate cognizable offences under Chapter IV of Drugs & Cosmetics Act; authority vests with Drugs Inspectors. Proceedings quashed qua Drugs Act offence but continued....
The main legal point established in the judgment is the limitation on police powers to register an FIR for offences under Chapter IV of the Drugs and Cosmetics Act, 1940, as specified in Section 32 o....
The main legal point established in the judgment is the restriction on police officers from prosecuting offenders and investigating cases under the Drugs and Cosmetic Act, 1940, as per the provisions....
Only a Drug Inspector can initiate proceedings under the Drugs and Cosmetics Act, making any police-initiated proceedings legally invalid.
Police cannot prosecute for offences under the Drugs and Cosmetics Act; jurisdiction lies with designated authorities leading to invalid charges filed in sessions court.
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