1 IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.307 of 2010 BISHWANATH PRASAD PRASAD, SON OF LATE NARAYAN PRASAD RESIDENT OF MOHALLA- LANGARTOLI, P.S. KADAMKUAN, TOWN AND DISTRICT- PATNA. Versus 1. THE STATE OF BIHAR 2. THE DRUG CONTROLLER, BIHAR PATNA. ----------- 4 18.01.2011 Heard learned counsel for the petitioner and the State. Petitioner prays for quashing the order taking cognizance dated 2nd of February 2010 under Section 27 of Drugs and Cosmetics Act and Section 420, 467 and 471/34 of the Indian Penal Code in connection with Patrakar Nagar P.S. Case No. 33/09 (G.R.No. 905/09). Learned counsel for the petitioner submits that this Court had occasion to consider the order taking cognizance with respect to the co-accused Sunil Kumar and after considering the relevant law and decision on the subject, held that the order taking cognizance on the basis of charge sheet submitted by the police, would be in violation of Section 22 read with Section 32 of the Drugs and Cosmetics Act 1940 and accordingly having found as such, this Court set aside the order taking cognizance in respect of the co- accused Sunil Kumar in the aforesaid case by order dated 05.08. 2010 passed in Cr.W.J.C No. 918 of 2009. Learned counsel submits that the case of this petitioner covers under the order of this Court, as referred to above. Learned counsel appearing on behalf of the State is not in a position to refute the submissions made on behalf 2 of the petitioner or the legal position as referred to above. Considering the above, this Court finds that the case of the petitioner is covered under the aforesaid order passed in Cr.W.J.C No. 918 of 2009. Accordingly the above case is allowed and the order taking cognizance dated 02.02.2010 passed in Patrakar Nagar P.S. Case No. 33 of 2009 (G.R. No. 905 of 2009) as contained in Annexure-3 is quashed. It is further clarified that quashing of the order taking cognizance would not come in the way of the concerned authority in filing a regular complaint against the petitioner if so advised in accordance with law. It is further directed that during the investigation of the above case, the business premises sealed and locked by the authorities be opened and the articles as per the seizure list as annexed to the FIR, be also released. The writ application is accordingly allowed. Let this order be communicated to the Court of Sub-Divisional Judicial Magistrate, Patna in connection with Patrakar Nagar P.S. Case No. 33 of 2009 (G.R.No. 905 of 2009) through fax at the cost being deposited by the petitioner. Amrendra/ (Shailesh Kumar Sinha, J.)