Uttarakhand High Court
C528/389/2024 on 18 February, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
Office Notes, reports, orders or
SL.
Date proceedings or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with Signatures
C528 No. 389 of 2024
Hon'ble Pankaj Purohit, J.
Mr. Vikas Kumar Guglani, Advocate for the applicant.
2. Mr. B. C. Joshi, A.G.A. with Ms. Shweta B. Dobhal,
B.H. for the State.
3. Delay Condonation Application (IA No.1 of 2024) for
condoning delay in filing counter affidavit is allowed. Counter
affidavit filed on behalf of State is taken on record.
4. Learned counsel for the applicant would press for Interim
Relief Application/Stay Application.
5. By means of the present C528 application filed under
Section 528 of B.N.S.S., the applicant has put to challenge the
charge sheet as well as summoning order dated 19.02.2021
passed by the learned Additional Chief Judicial Magistrate/4th
Additional Civil Judge (Senior Division), Rudrapur, District
Udham Singh Nagar in Criminal Case No. 1354 of 2021
offence under Section 420 of IPC and Section 18(C), 27 of
Drugs and Cosmetics Act, 1940, arising out of the First
Information Report dated 22.06.2019 Police Station Dineshpur,
District Udham Singh Nagar.
6. The main ground of contention raised by the applicant in
the present C528 application is that the First Information Report
dated 22.06.2019 was lodged by the respondent no.2, Drug
Inspector against the applicant in Police Station Dineshpur, and
after investigation on 16.08.2019 the charge sheet has been
submitted under Section 18(C), 27 of the Drugs and Cosmetics
Act, 1940 along with Section 420 of IPC.
7. Subsequently on the similar set of facts, a criminal
complaint has been filed by the respondent no.2/Drug Inspector
in the Court of Sessions Judge, Rudrapur District Udham Singh
Nagar being criminal complaint case no. 153 of 2020 'State vs.
Shri Naresh Agarwal' under Section 18(C), 27 of the Drugs and
Cosmetics Act, 1940 and Rules 1945.
8. Learned counsel for the applicant submitted that the
offence under Sections 18(C) and 27 fall within chapter IV of
the Drugs and Cosmetics Act, 1940 and, therefore, the
cognizance can only be taken on the complaint filed by the
person enumerated under Section 32 of the Act, 1940.
Therefore, the criminal case, which is launched on the First
Information Report, cannot proceed further against the
applicant.
9. Per contra, learned State counsel submitted that the
F.I.R. was lodged on 22.06.2019 by the Drugs Inspector himself
and therefore, the charge sheet has rightly been submitted and
the matter is being prosecuted in the right earnest.
10. In order to consider the submissions made by the learned
counsel for the parties, the provisions of Section 32 of the Act,
1940 is required to be interpreted. Section 32 of the Act 1940 is
quoted herein below:-
32. Cognizance of offences--1[(1) No prosecution under this Chapter
shall be instituted except by--
(a) an Inspector; or
(b) any gazetted officer of the Central Government or a State
Government authorised in writing in this behalf by the Central
Government or a State Government or by a general or special
order made in this behalf by that Government; or
(c) the person aggrieved; or
(d) a recognised consumer association whether such person is a
member of that association or not.
(2) Save as otherwise provided in this Act, no court inferior to that of a
Court of Session shall try an offence punishable under this Chapter.]
(3) Nothing contained in this Chapter shall be deemed to prevent any
person from being prosecuted under any other law for any act or
omission which constitutes an offence against this Chapter.
There is no manner of doubt in the minds of this Court,
the cognizance can only be taken on the complaint filed by the
person enumerated under Section 32 of the Act 1940.
11. This view of this Court found favour with the Supreme
Court judgment 'Union of India Vs. Ashok Kumar Sharma
and others reported in 2020 6 Supreme 1.
12. In view of this matter, the Criminal Case No. 1354 of
2021, which was initiated on the First Information Report,
cannot proceed further against the applicant.
13. In view of the facts and circumstances of the case, the
summoning order dated 19.02.2021 passed by the learned
Additional Chief Judicial Magistrate/4th Additional Civil Judge
(Senior Division), Rudrapur, District Udham Singh Nagar in
Criminal Case No. 1354 of 2021 is hereby stayed.
14. List this matter on 21.05.2025 for final hearing.
(Pankaj Purohit, J.)
18.02.2025
Akash
