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MANJARI NEHRU KAUL
Vineet Bhagat – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Manjari Nehru Kaul, J. - Both the petitions detailed hereinabove are being decided by this common order. The petitioners in both the petitions are seeking quashing of FIR No.17 dated 03.02.2021 under Sections 188, 420 IPC and Section 18(c) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as, 'the Act').
2. Before proceeding further, it would be relevant to give a brief run up to the sequence of events leading to the filing of the instant petition.
3. The complainant/respondent No.2 received information from Ayush Haryana on 02.02.2021 qua some medicines being manufactured, without valid permission, by Shama Biotech at Plot No.46, Shahbad Road, Sector 1, Industrial Area, District Ambala. Thereafter, he along with his team inspected the aforesaid premises of Shama Biotech on the same day. During inspection, the complainant/respondent No.2 found stocks of 8 different types of Ayurvedic medicines, however, the Production Manager of the firm, who was present there, on being asked was unable to furnish any permission/license for production of the aforesaid ayurvedic medicines. The petitioner Vineet Bhagat being owner of the Shama Biotech was contacted through phone, wh
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....
Only a Drug Inspector can initiate proceedings under the Drugs and Cosmetics Act, making any police-initiated proceedings legally invalid.
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 th....
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....
Police cannot prosecute for offences under the Drugs and Cosmetics Act; jurisdiction lies with designated authorities leading to invalid charges filed in sessions court.
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 police lacked authority to investigate and seize under the Drugs and Cosmetics Act, rendering the FIR invalid due to absence of essential elements of the alleged offences.
Unauthorised sale of drugs and violation of license conditions – Section 468 of Cr.P.C. is not applicable.
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