IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3734 of 1998 Rameshwar Sah, Son of late Jharokhi Sah, Resident of Village Uniontole Jainagar, Police Station Jainagar, District Madhubani. ---------- Petitioner Versus 1. The State of Bihar. 2. Dr. Amit Thakur, Medical Officer In-charge Primary Health Centre, Jainagar, District Madhubani. -------- Opposite parties ----------- 7 17.8.2009 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner and counsel for the State. While there would be little scope for an argument as to whether this Court in exercise of power under Section 482 of the Cr.P.C. can quash an order taking cognizance for the offence recorded in the impugned order even if it would find some other offence to be made out, this much is definitely permissible for the petitioner to contend that the learned Magistrate does not seem to have applied its mind in a proper direction. From reading of the allegations in the First Information Report, it would be more than clear that the petitioner was said to be selling allopathic medicine and administering injection thereof without having a licence as required under the Drugs & Cosmetic Act. It is 2 said that he was also selling such medicine at an exorbitant price. The court below has gone into only on the second part of the matter and has proceeded to take cognizance by holding that such selling of medicine on an exorbitant price would amount to violation of Section 7 of the Essential Commodities Act. Mr. Thakur, in fact, would like to make a point in that regard that the court below has not even found as to which control order was being violated as to invite the rigors of Section 7 of the Essential Commodities Act. This Court would however find from the reading of the allegations in the First Information Act itself that such sale of medicine at an exorbitant price by the petitioner was in violation of provision of Drugs Price Control Order and hence, within scope of Section 7 of the Essential Commodities Act. There is yet another aspect of the matter which ought to have been looked into by the court below as to whether on the materials collected by the police in course of 3 investigation, a prima-facie case could be made out for violation of the provisions of Drug and Cosmetic Act. That having been not done, this Court would direct the court below to examine the matter afresh at the stage of framing charge and pass a reasoned order on an application of the petitioner seeking discharge. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)