Case title: Rakesh Kumar V. The State Of Bihar & Anr.
Case no.: SLP (Criminal) No. 10373 of 2018
Decided on: 19.03.2024
Quorum: Hon’ble Mr. Justice Hrishikesh Roy, Hon’ble Mr. Justice Prashant Kumar Mishra.
FACTS OF THE CASE:
The case involves an appeal by Rakesh Kumar against an order dated 22.11.2016 under the Drugs and Cosmetics Act, 1940. The High Court dismissed a petition filed under Section 482 of Cr.P.C challenging the order. The appellant sought to quash the proceedings initiated by the Judicial Magistrate First Class, Jamui, in connection with the Lakshmipur P.S. Case No. 11 of 2016. The High Court found a prima facie case against the appellant but determined that the interference was unmerited with the cognizance order.
LEGAL PROVISIONS:
Drugs and Cosmetics Act, 1940:
Section 32(1)(a): Specifies that proceedings under this Act can only be initiated based on a complaint by a Drug Inspector.
Essential Commodities Act, 1955, Section 7: Offenses under this Act are triable by a Special Court.
Code of Criminal Procedure (CrPC): Section 482: Deals with the inherent powers of the High Court to quash proceedings.
APPELLANTS CONTENTION:
The appellant challenged the order dated 22.11.2016 under various sections of the Drugs and Cosmetics Act, 1940. The appellant sought quashing of the proceedings initiated against them in connection with the Lakshmipur P.S. Case No. 11 of 2016. The appellant argued that the police officer was not empowered to register an FIR beyond the jurisdiction of the Court of the JMFC.
RESPONDENTS CONTENTION:
The State of Bihar, represented by Mr. Samir Ali Khan, opposed the appellant’s challenge. The High Court found a prima facie case against the appellant and dismissed the petition filed under Section 482 of Cr.P.C. The respondent argued that the proceedings against the appellant were legally valid and justified.
COURT ANALYSIS AND JUDGMENT:
The Court analyzed the appellant’s challenge against the order dated 22.11.2016 under various sections of the Drugs and Cosmetics Act, 1940. It considered the role of the police officer in registering an FIR under Section 32 of the Act and the limitations based on the scheme of CrPC and the powers of the Drugs Inspector. The Court noted that the proceedings initiated against the appellant on the basis of the complaint of the Police Inspector were legally invalid.
In its judgment, the Court found the proceedings under the Drugs and Cosmetics Act, 1940 initiated against the appellant to be legally invalid. The cognizance order dated 22.11.2016 was deemed unjustified and set aside. Consequently, the Court quashed the proceedings initiated against the appellant in connection with the Lakshmipur P.S. Case No. 11 of 2016. The appeal was allowed, and any pending applications were disposed of.
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Judgement reviewed by – Ayush Shrivastava
