IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33277 of 2007 1. SHAILENDRA SHARMA, S/o Chit Ranjan Singh, R/o village and P.S. Paraiya, District Gaya 2. Shailesh Kumar Singh, S/o Girja Singh 3. Manoj Kumar, S/o Sri Bindeshwar Yadav 4. Mirtunjay Dayal, S/o Bindeshwar Yadav, R/o village Bharanchi, P.S. Paraiya, District Gaya 5. Gaya Pd. Yadav, @ Yogesh Pd. Yadav, S/o Jamuna Pd. Yadav, r/o village Waso, P.S. Pariya, District – Gaya … Petitioners Versus 1. STATE OF BIHAR 2. Birendra Pd. Drug Inspector, Rural & Urban (Retail) Gaya … Opp. Parties. ----------- 6 14.11.2008 Heard Mr. Dhirendra Kumar Sinha, learned counsel for the petitioners and Mr. Jharkhandi Upadhaya, the learned A.P.P. for the State and O.P. No. 2, the Drug Inspector. The petitioners are alleged to have been selling medicines without having proper license and having been arrayed as accused, they have prayed for quashing of the order dated 3.4.2007 passed by the learned Chief Judicial Magistrate, Gaya in Paraiya P.S. Case No. 21 of 2005, whereby he has taken cognizance under section 18 (c) and 27(b) of the Drugs and Cosmetics Act. The said police case was registered on the basis of a written report submitted by the Drug Inspector, impleaded herein as O.P. No. 2. The point in issue is no more res integra in view of two decisions of this Court, namely, Hindustan Lever Ltd. Vs. State of Bihar, reported in 1997(1) BLJ 899 and Manju Kumar Vs. State of Bihar, reported in 2006(2) PLJR 549, wherein it has been held in - 2 - categoric terms that prosecution under the Drugs and Cosmetics Act can be instituted only by filing of a complaint by the Drugs Inspector and the police has no jurisdiction to register a F.I.R. and investigate into the offence under the Act as the same happens to be a violation of the provisions of section 32 as also section 22(2) of the Drugs and Cosmetics Act, 1940. The learned A.P.P. is not in a position to dispute the legal proposition propounded by the two aforesaid decisions. In that view of the matter this application is allowed and the criminal prosecution of the petitioner herein is hereby quashed. Spd/- (Abhijit Sinha, J.)