IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.58 of 2010 1. RAM SURESH PRASAD SON OF LATE GANGA PRASAD, 2. SHAILESH KUMAR PRASAD SON OF RAM SURESH PRASAD BOTH RESIDENT OF VILLAGE CHAINPUR, P.S. SISWAN, DISTRICT- SIWAN Versus 1. STATE OF BIHAR 2. THE SUPERINTENDENT OF POLICE, SIWAN 3. THE OFFICER, INCHARGE, SISWAN POLICE STATION, SISWAN, DISTRICT- SIWAN 4. THE DRUG INSPECTOR, SIWAN ----------- 4 03.12.2010 This application is for quashing of the first information report registered in the Siswan Police Station as Siswan P.S. Case No. 59 of 2009 dated 10th September, 2009 under sections 27(b)(ii)/27(a) of the Drugs and Cosmetics Act, 1940 pursuant to the report of the Drug Inspector, Siwan vide his letter no. 324 dated 14th August, 2009 under section 22 read with section 32 of the Drugs and Cosmetics Act. It is submitted that on basis of the aforesaid criminal case, proceedings have been initiated against the petitioner. Learned counsel for the petitioner submits that in terms of the provisions of section 22 read with section 32 of the Drugs and Cosmetics Act, the prosecution, if any, could be launched on the basis of the complaint filed by the Drug Inspector and no police case can be registered and proceeded. In this connection, learned counsel submits that the aforesaid matter has been considered by this court in various decisions and this - 2 - Court in the case of Suresh Prasad and Ors. Vs. The State of Bihar and Anr. reported in 2009 (1) P.L.J.R., 860 considering the aforesaid provisions of the Drugs and Cosmetics Act quashed the prosecution initiated on the basis of the first information report. The case of the petitioner is also squarely covered by the aforesaid decision of this Court. Learned counsel for the State is not in position to controvert the aforesaid position of law. In the above circumstances, the first information report which gave rise to the Siswan P.S. Case No. 59 of 2009 dated 10th September, 2009 under sections 27(b)(ii)/27(a) of the Drugs and Cosmetics Act, 1940 and subsequent actions taken pursuant to the aforesaid first information report being without jurisdiction are, hereby, quashed. In the result, the writ application stands allowed. It is made clear that this Court has not expressed any opinion on the merits of the matter. Manish/- ( Shailesh Kumar Sinha,J.)