Hon'Ble Sharad Kumar Sharma vs Amit Kumar Rai"
2023 Latest Caselaw 1255 UK

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      04.05.2023                            C482 No. 867 of 2023
                                            Hon'ble Sharad Kumar Sharma, J.

Mr. Parikshit Saini, Advocate, for the applicant.

Mr. T.C. Aggarwal, Deputy Advocate General, with Mr. Sachin Panwar, Brief Holder for the State.

The argument of the learned counsel for the applicant is that the proceedings of Criminal Case No. 1392 of 2020, " State vs. Amit Kumar Rai" would be vitiated for the reason being that, he submits that the investigation which was conducted by the Inspector Police who would not be an authority competent to investigate as provided under Section 32 of the Drugs and Cosmetics Act, because the reference of the word "Inspector" provided under the provisions of Section 32 of the Act would mean and Inspector as defined under Section 21 of the Drugs and Cosmetics Act. Since in the instant case, the investigation was carried by the police authority, the entire investigation is vitiated right from the inception of the proceedings.

The aforesaid principle has been laid down by the Hon'ble Apex Court in the judgment as reported in AIR 2020 SC 5274 Union of India vs. Ashok Kumar Sharma and others, under the aforesaid principle has been laid down in the said judgment in para-40 and para-150, (at this stage the said principle is not being elaborated), which will be considered after inviting of the counter affidavit from the Government Advocate.

The respondents, who are represented by the State may file their counter affidavit within a period of three weeks from today.

Till the next date of listing, further proceedings of the Criminal Case No. 1392 of 2020, " State vs. Amit Kumar Rai", pending consideration before the court of Additional Chief Judicial Magistrate, Laksar, District Hardwar, would not be proceeded with.

(Sharad Kumar Sharma, J.) 04.05.2023 Nahid