IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M-54032 of 2007 Date of Decision:- 18.2.2009 Arvinder Singh Versus State of Punjab & Ors. Present:- Mr. P.S.Jammu, Advocate, for the petitioner. Mr. R.S.Rawat, AAG, Punjab. M.M.S.BEDI. (J) (Oral) This petition has been filed for quashing for FIR No. 156, dated 5.7.2007, under Section 18-A, 18-B of Drug and Cosmetics Act, 1940 read with Section 420 IPC, registered at Police Station City Kotkapura, District Faridkot. Petitioner is running a shop of chemist with the name and style of M/s A.S.Medical Store situated at Pheruman Chowk, Kotkapura, District Faridkot. He holds a valid license issued by State Drugs Controller, Punjab, Sector 34-A, Chandigarh, Annexure P-2 for sale of medicines and drugs on the wholesale basis valid from 1.1.2007 to 31.12.2011. The FIR was registered against the petitioner on the ground that though he is a wholesaler licnesee but stip cutting recovered from his shop indicated that he was selling the medicines at retail basis. The FIR was registered at the instance of District Drug Inspector, District Faridabad, on the basis of letter dated 5.7.2007 sent to S.S.P Faridkot. The FIR registered on the basis of following complaint, Annexure P-1:- "Subject:- Joint drug raid dated 5.7.2007-M/s A.S.Medical Store, Pheruman Chowk, Kotkapura,, sir, it is requested that today on 5.7.2007 a joint drug raid along with your department was Crl. Misc. No. M-54032 of 2007 -2- conducted at the shop of M/s A.S.Medical Store, Pheruman Chowk, Kotkapura. Medicines mentioned below were recovered and seized without having bill on from no.16, Sr. No.1 9x100 tab. Microlit, Sr.No. 2-3x10+10 Cap. Promul Spasm. Above said medicines was being misused as drug, Sr. No. 25X1 strip. Accupreg test kit above said medicines is necessary to kept at 3C temperature to 30C but this medicines was lying in the room temperature at about 40C, the medicines which are at Sr. No.4, Sr. No.5, Sr. No.6 were having strip cutting, whereas this firm has wholesale license and strip cutting shows that they are selling at retail basis. Main contention of learned counsel for the petitioner is that no FIR can be registered on account of violation of provisions of Drug and Cosmatic Act read with Section 420 IPC. It is only a complaint filed by Drug Inspector which is maintainable before the Judicial Magistrate, in case of violation of the provisions of the Drug and Cosmatic Act. The ambit of taking cognizance is mentioned in Section 32 of the Drugs and Cosmatics Act laying down that no prosecution shall be instituted under the Drugs and Cosmatics Act, except by a Inspector or by the person aggrieved or by a recognised consumer association, whether such person is a member of that association or not. In the present case, offence under Section 420 IPC has been added in order to give colour of 'cognizable offence' to enable the police to register the FIR. Careful perusal of the complaint sent by Drug Inspector, which is reproduced hereinabove indicates that no offence under Section 420 Crl. Misc. No. M-54032 of 2007 -3- IPC is made out. The necessary ingradients to attract punishment under Section 420 IPC are that there has to be fradulant and intentional inducement of a person by deciving him. The person so decived should be induced to deliver any property to any person or to consent that any person shall retain any property or that the person so decieved should be intentionally induced to do or omit to do anything which he would not continue or omit if he were not so deceived. In the present case, there is absolutely no allegation that any one was induced to part with any property. The simple allegation against the petitioner is that he being a wholesale dealer was suspected of selling the medicins in retail. As the offence under Section 420 IPC is not made out the lodging of FIR under the Drugs and Cosmatics Act is nothing but an abuse of process of the Court. This petitionis allowed. FIR No. 156, dated 5.7.2007 is hereby quashed. However, Drug Inspector will be at liberty to initiate proceedings in accordance with law by following the correct procedure provided under the Drugs and Cosmatics Act. February 18, 2009 (M.M.S.Bedi) tripti Judge