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SHREE PRAKASH SINGH
Shail Kumar Jain – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home, Lko. – Respondent
JUDGMENT :
1. Heard Sri Shiv P. Shukla, learned counsel for the applicant and Sri Aniruddh Kumar Singh, learned AGA-I and Mrs. Nusrat Jahan learned AGA for the State.
2. By means of the instant application a prayer is made to quash the criminal proceedings of Criminal case no 1437 of 2022 (state of U.P. versus Shail Kumar Jain) under section 17B/17A(e)/18A/27 Drugs & Cosmetics Act, 1940 against the applicant registered for an offence punishable under Section 27 (d) of the Drugs and Cosmetics Act, 1940 ('the Act' for short) as well as summoning order dated 19-07-2023.
3. The learned counsel appearing for the applicant submits that in fact, the present applicant is a lawful degree holder of BAMS course from Lucknow University and it is not disputed even by the complainant, but a complaint has been instituted under section 17B /17A(e)/18A/27 Drugs & Cosmetics Act 1940 (Hereinafter referred as 'the Act 1940') before the Additional District and Sessions, Judge NDPS Act, Lucknow. He submits that once the samples were taken and notice was issued, the present applicant has replied though the same was kept for a long period of time for deciding, i.e., for about four years and thereafter again
The court ruled that a storekeeper cannot be prosecuted for failing to disclose drug acquisition details if he did not procure the drugs, rendering the trial court's cognizance void.
The Magistrate has discretion under Section 175(3) of the BNSS to decide whether to register an FIR based on the application, assessing whether a cognizable offense is made out.
The mandatory requirement of recording evidence under Section 200 and 202 Cr.P.C. before summoning the accused and the limited nature of the inquiry under Section 202.
The Magistrate has discretion under Section 156(3) of the CrPC to determine whether to direct an investigation, particularly in civil disputes masquerading as criminal matters.
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