IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43339 of 2007 SARWAN KUMAR AGRAWAL @ SHRAWAN KUMAR AGRAWAL Versus STATE OF BIHAR AND ANOTHER ----------- 3. 13.8.2008. Heard Sri N.K. Agrawal, Senior Advocate, the learned counsel for the petitioner and Sri Jharkhandi Upadhayay, the learned A.P.P. for the State. Through this application the petitioner prays for quashing of the entire proceedings arising out of Tarapur P.S. Case No.77 of 2007 registered under Sections 27 of the Drugs and Cosmetics Act as also Sections 275 and 420 I.P.C. It appears that at about 12.30 P.M. on 2.8.2007 under the directions of the State Drug Controller, a team consisting of Licensing Authority, Bhagalpur(Rural), three Drug Controllers and S.D.O., Munger conducted an inquiry in the premises of M/s. Agrawal Medical Store, Tarapur, in course whereof they found some medicines kept in a room behind the medical store and on demand the petitioner could not produce their purchasing invoice. The team further found some physicians samples and medicines with expired date kept in the counter of the medical store whereupon two inspection reports were prepared; one in respect of the inspection of the medical store and the other in respect of the room where some medicines with expired date and samples were kept. Assailing the filing of the F.I.R., it has been submitted that the matter stands concluded by orders of this Court dated 22.2.2006 passed in Cr.W.J.C. No.842 of 2005 wherein the F.I.R. was quashed - 2 - on the ground that the investigation by the police on the basis of the First Information Report as well as submission of the chargesheet was wholly without jurisdiction. This was based on the law for violation of the provisions of the Drugs and Cosmetics Act the only remedy for prosecution is by filing a complaint and not the First Information Report. It was further submitted that the petitioner is not liable for offences under Sections 275 and 420 I.P.C. since no adulterated durgs or medicines were seized from either of the premises. It is true that some medicines with expired dates were found but that by itself cannot be said to be an adulterated drug or medicines. Due regard being had to the facts that prosecution can be instituted only by filing a complaint by the Drug Inspector and the police had no jurisdiction to register the First Information Report and investigate into the offence under the Act, the registration of the F.I.R. in the instant case is without any jurisdiction and is liable to be quashed. Accordingly, the First Information Report and the investigation by the police on the basis of the F.I.R. impugned is hereby quashed, so far as the present petitioner is concerned, and the application is allowed. P.S. (Abhijit Sinha,J)