IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.57751 of 2007 KAILASH MANDAL, SON OF LATE AYODHI MANDAL, RESIDENT OF VILLAGE – MOHALLA – CHOTTI CHATTAIYA, P.S. – EKCHARI @ DISTRICT – BHAGALPUR. ……………. PETTIONER. Versus 1. THE STATE OF BIHAR. 2. OFFICER IN CHARGE OF P.S. – EKCHARI, DISTRICT BHAGALPUR …………… OPP. PARTIES. ----------- 03 09.04.2010 Heard the parties. This petition has been directed against the order dated 16.07.2007 passed in G.R. No. 877 of 2007 by which the learned Magistrate has took cognizance for offence under Section 18 (c) of the Drugs and Cosmetics Act and quashing of the entire proceeding on the ground that the cognizance has been taken on the basis of the report submitted by the local police. Learned counsel for the petitioner submitted that the police has no jurisdiction under Section 22 (2) of the Drugs and Cosmetics Act to launch prosecution or lodge First Information Report and it is only the Drug Inspector of local jurisdiction have jurisdiction to lodge a case under Drugs and Cosmetics Act for violation under the Act and has placed reliance on a decision reported in 2006 (2) BBCJ 418. Learned counsel for the State, however, does not dispute the legal position, and even no counter affidavit has been filed. From perusal of the record it is apparent that the First Information Report has been lodged on the statement of S.I. Ekchari P.S. Case No. 70 of 2007 alleging therein that he along with police party raided the house and found medicines on large 2 amount and prepared the seizure list and recovered Ayurvedic medicine and drugs. On basis of which First Information Report lodged under Section 18 (c) and Section 27 of the Drugs and Cosmetics Act 1940 and on the basis this seizure cognizance has been taken. However, having regard to the facts and circumstances, that the police has no jurisdiction to either lodge or investigate or file charge sheet or even power to conduct search and seizure for offence under the Drugs and Cosmetics Act, hence, cognizance taken cannot be sustained, in view of decision reported in 2006(2) BBCJ 418 and hence the order taking cognizance and the criminal proceeding on the basis of such cognizance is hereby quashed. Accordingly, this petition is allowed. Kundan (Gopal Prasad, J.)