Vijay Kumar vs State Of Rajasthan-State
2021 Latest Caselaw 18727 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Criminal Misc(Pet.) No. 5652/2021

Vijay Kumar

----Petitioner Versus State Of Rajasthan-State

----Respondent Connected With S.B. Criminal Misc(Pet.) No. 318/2019 Suresh Kumar

----Petitioner Versus State Of Rajasthan

----Respondent S.B. Criminal Misc(Pet.) No. 1927/2019 Ashwain Sharma

----Petitioner Versus State Of Rajasthan

----Respondent

For Petitioner(s) : Mr. Pankaj Kumar Gupta Mr. DS Gharsana For Respondent(s) : Mr. M.S. Bhati, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

09/12/2021

Learned counsel for the petitioner submits that the issued

involved in the present case is squarely covered by the judgment

of Hon'ble the Supreme Court in the case of Union of India Vs.

Ashok Kumar Sharma & Ors. :: 2020 (4) J.K.J. 289. Learned

counsel submits that the Drug Inspector after inspection of the

shop in question should have filed the complaint in the matter

(2 of 2) [CRLMP-5652/2021]

instead of filing an FIR as mandated by Hon'ble the Supreme

Court in the following terms:

"Having regard to the scheme of the CrPC and also the mandate of Section 32 of the Act and on a conspectus of powers which are available with the Drugs Inspector under the Act and also his duties, a Police Officer cannot register a FIR under Section 154 of the CrPC, 1973 in regard to cognizable offences under Chapter IV of the Act and he cannot investigate such offences under the provisions of the CrPC."

Thus, learned counsel submits that the FIR in the present

case filed against the petitioner is de hors the law.

Issue notice, returnable on 10.01.2022.

In the meanwhile and till the next date, the petitioners shall

not be arrested in connection with the FIR No.001/2019 Police

Station Anoopgarh. However, the petitioners shall join the

investigation as and when called upon to do so.

(VINIT KUMAR MATHUR),J

36-38/praveen/-

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