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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 14^TH DAY OF DECEMBER 2021

BEFORE

THE HON’BLE MR. JUSTICE H.P.SANDESH

CRIMINAL PETITION No.201185/2021

BETWEEN:

SRI. VITHAL S/O MADAN BIRADAR

AGED ABOUT 26 YEARS, OCC: MR,

R/O DYABERI,

DIST. VIJAYPUR.

… PETITIONER

(BY SRI S.S.MAMADAPUR, ADVOCATE)

AND:

THE STATE OF KARNATAKA

THROUGH GOLGUMBAZ PS

REP BY ITS STATE PUBLIC PROSECUTOR,

ADVOCATE GENERAL’S OFFICE,

HIGH COURT BUILDING,

KALABURAGI-585107.

… RESPONDENT

(BY SRI GURURAJ V.HASILKAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF CRIMINAL PROCEDURE CODE PRAYING TO QUASH THE FIR

REGISTERED

BY

THE

RESPONDENT

POLICE

IN

CRIME

NO.39/2021 OF GOLGUMBAZ CIRCLE P.S FOR THE OFFENCE

PUNISHABLE UNDER SECTION 420 R/W SEC. 34 OF IPC AND

SECTION 18(c) OF THE DRUGS AND COSMETICS ACT AND

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DRUGS (PRICE CONTORL) ORDER 2013 PENDING ON THE FILE

OF THE I-ADDL. CIVIL JUDGE (JD) AND JMFC, VIJAYAPUR.

THIS PETITION COMING ON FOR ADMISSION THIS DAY,

THE COURT MADE THE FOLLOWING:

O R D E R

This petition is filed under Section 482 of Cr.P.C.,

praying this Court to quash the FIR registered by the

respondent police in Crime No.39/2021 for the offence

punishable under Section 420 read with Section 34 of IPC

and Section 18(C) of Drugs and Cosmetics Act, 1940 and

Drugs (Price Control) Order 2013 pending on the file of I-

Additional Civil Judge, (J.D.), and JMFC Vijayapura.

2.

Heard the learned counsel for the petitioner

and the learned High Court Government Pleader for the

State.

3.

The factual matrix of the case is that based on

the complaint lodged by the Assistant Drugs Controller

Office of Assistant Controller, Vijayapur on 01.05.2021, the

respondent police have registered a case for the above

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offences. The allegation is that with an intention to cheat

the Covid-19 patients and their relatives unauthorisedly

obtained Remdesivir Injection meant for the patients in

Government Hospital and this petitioner was selling the

same in the black market at higher price in order to make

wrongful gain and thereby cheating the Government as

well as the Covid-19 patients.

4.

The

learned

counsel

for

the

petitioner

vehemently contended that very registration of the case

against the petitioner is arbitrary, illegal and not tenable.

The registration of FIR is not contemplated under the

provisions of the Drugs and Cosmetics Act, 1940

(hereinafter referred as ‘the Act’ for short). The proper

course is to initiate action under the provisions of the Act

is to file a private complaint that too by prescribed

authority. Hence, it is a fit case to exercise power under

Section 482 of Cr.P.C. The respondent police do not have

any jurisdiction to investigate into the offence committed

under the provisions of the Act. The power of investigation

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into an offence punishable under the Act is conferred upon

the Drugs Inspector who in turn has to follow the

provisions as contemplated under sections 22 and 23 of

the Act. The registration of FIR under Section 154 of

Cr.P.C.,

by

the

respondent

police

is

directly

in

contravention of the principles laid down by the Hon'ble

Apex Court in the case of Union of India vs. Ashok

Kumar Sharma and Others reported in (2020) AIR SC

5274

wherein

the

Hon'ble

Apex

Court

held

that

respondent Police has no jurisdiction to register the FIR.

The learned counsel would contend that the respondents

have

not

followed

the

mandatory

procedure

as

contemplated under Section 22, 23 and 32 of the Act. He

would submit that with an oblique motive, intentionally

invoked the provision of section 420 of IPC. The sum and

substance of the argument of the learned counsel for the

petitioner is that, FIR is not permissible and police cannot

investigate the matter and Drugs Inspector only can

conduct the investigation and to file the complaint before

the proper Court. By relying upon the judgment in the case

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of As