The court discussed the interplay between the provisions of the Indian Drugs and Cosmetic Act, the implications of non-compliance with the preparation of Form 16, and the interplay with section 210 of CrPC.

JUDGMENT :

Sharad Kumar Sharma, J.

An FIR being FIR No.303 of 2021, stood registered against the present applicant, for her alleged involvement in the commission of the offences under sections 420, 120-B, 274, 275 and 276 of IPC, as well as under sections 17, 17(a), 17(b), 18A, and 27 of the Indian Drugs and Cosmetic Act, 1940 (in short hereinafter referred to as “Act”). Ultimately, the proceedings drawn thereof on the basis of the said FIR has reached the stage of session trial being Session Trial No.36 of 2021, “State Vs. Kanika”, and the same is being presently tried by the court of 2nd Additional District Judge. As far as this Court is concerned, we are not at all concerned with the proceedings of the sessions trial, which is being taken against the present applicant.

2. It is not in dispute between the parties that the subsequent complaint proceedings, which have been registered by the respondent no.2, in fact, it happens to be for the identical set of events, which has been already the subject matter of the FIR No.303 of 2021, on the basis of which the session trial is already pending consideration.

3. It has been argued by the learned counsel for the applicants, that the attempt of the respondent to register a complaint on 02.03.2022, in fact, had been with the clever intent to make the offence under sections 17, 17A, 17B, 18, 18A,18B, 27, 28 and 28A of the Act, to be tried by a way of the complaint case, which otherwise, couldn’t have been registered, as the State case, and that is why, it is as an afterthought, that a complaint has been registered on 02.03.2022.

4. On the contrary, it has been argued by the learned Government Advocate, that the registration of the subsequent complaint case in relation to the same offences, would not be barred in view of the fact, that under section 32 of the Act, the cognizance of the offences though could have been made by the authorities, which has been given, therein, and it is argued by the learned counsel, that in order to override the embargo created by section 32 of the Act, the present complaint proceedings have been registered by the respondent no.2, against the present applicant, which has been attempted to be argued to the contrary by the learned Government Advocate, by referring to the provisions contained under section 210 of CrPC, contending thereof, that the registration of the complaint case will not at all prejudice the rights of the present applicant for the reason being, that even subsequent to the registration of the complaint case, all her defences would still be available to be protected by virtue of the provisions contained under section 210 of CrPC, where it provides that there is a complaint case, and police has held investigation in respect of the same offences, they are to be clubbed together and tried by the Court.

5. In order to carve out a case, learned counsel for the applicant has submitted, that if the complaint itself is taken into consideration, he submits that the complaint would be defective for the reason being that, as per the provisions contained under Rule 55 to 58A, it has been provided that no proceedings could have been drawn as against the applicant or any other such accused person, until and unless, the procedure prescribed, therein, is strictly followed by the Inspector by taking of the stock register, preparation of the documents, and other material objects, which are collected in compliance of the provisions contained under sub-clause (c) of sub- clause (cc) of sub-section (1) of section 22 of the Act.

6. It has been argued by the learned counsel for the applicant that there is absolutely a non compliance of the provisions contained under the Rules, and hence as such the proceedings initiated by way of a complaint case, would be bad in the eyes of law, and particularly, the learned counsel for the applicant has referred to Form 16, which has been framed under Rule 55 and 145B, which provides the details of the receipt of the stock, and the man