Unknown vs Praveen
2023 Latest Caselaw 1326 UK

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                                  C482 No. 896 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Parikshit Saini, Advocate, for the applicant.

Mr. Ranjan Ghildiyal, Brief Holder, for the State of Uttarakhand.

The solitary argument of the learned counsel for the applicant is, that the entire proceedings of Criminal Case No. 509 of 2022, State Vs. Praveen Kumar Tyagi, whereby, the applicant has been summoned by an order dated 20th July, 2021, to be tried for the offences under Sections 420, 274, 275, 276 of the IPC and Section 17, 17 (b), 18 (a) (iv), 18 (c), 18-A, 18-B, 27, 28-A and 28-B of the Drugs and Cosmetic Act, 1940, would be bad for the reason being, that it apparently seems to be in non- compliance of the provisions contained under Section 32 of the Drugs and Cosmetic Act, because under the Act an investigation into the offences is required to be conducted by an Officer as defined under the said Act, and not by the Police Officer, who could be permitted to investigate upon in relation to the offences under the Drugs and Cosmetic Act.

Here on perusal of the chargesheet, it is revealed that the investigation in relation to the aforesaid offence has been conducted by the Sub Inspector, who would not be an Inspector as defined under the Act itself, as such, he contends that due to non-compliance of Section 32 of the Drugs and Cosmetic Act, the entire proceedings would be vitiated.

In support of his contention, he makes reference to a judgement of the Hon'ble Apex Court as reported in (2021) 12 SCC 674, Union of India Vs. Ashok Kumar Sharma and others.

Similar issue came up for consideration before this Court in C-482 Application No. 867 of 2023, in which, based upon the aforesaid judgment of the Hon'ble Apex Court, this Court has observed, that the conduct of an investigation by the Police Official in relation to the offence under the Drugs and Cosmetic Act, is not permissible in view of the provisions contained under Section 32 to be read with Section 21 of the Drugs and Cosmetic Act.

In view of the aforesaid, the respondent, who is represented by the Government Advocate, may file objection to the C-482 Application.

Connect this C-482 Application with C-482 Application No. 867 of 2023.

Till the next date of listing, the further proceedings of Criminal Case No. 509 of 2022, State Vs. Praveen Kumar Tyagi, pending consideration before the Court of Additional Chief Judicial Magistrate, Roorkee, District Haridwar, would not be proceeded with.

(Sharad Kumar Sharma, J.) Dated 15.05.2023 Shiv