IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44728 of 2007 GYAN PRAKASH Versus THE STATE OF BIHAR & ORS ----------- 4. 17.03.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State. The petitioner is aggrieved by the order of cognizance as appended at Annexure 7 in Complaint Case No. CII No. 207 of 2003 under Section 27(b)(ii) and 27(C) of the Drugs and Cosmetics Act. It is submitted that Siwan PS Case No. 165 of 2002 came to be filed on 22.10.2002 under various provisions of the Penal Code read with Sections 18© and 18A(i) of the Drugs and Cosmetics Act, 1940. The allegations were of illegal manufacture of spurious drugs leading to seizure of raw materials and equipments for the purpose. The petitioner has been named as one of the accused therein. Cognizance has been taken in the police case on 21.12.2002. Subsequently Complaint Case No. CII 207/2003 has been filed by the Drugs Inspector, Siwan on the same allegations under the provisions of Drugs and Cosmetics Act as noticed above. The complaint does not make out any fresh case of fresh inspection leading to fresh materials but simply takes support for its institution from the FIR as the consequence or corollary to the same. The submission therefore is that the institution of the subsequent complaint was an abuse of the process of law and that the interest of the prosecution can well be protected in the FIR itself even with regard to the provisions of Drugs and Cosmetics At. Learned Counsel for the State submits that the complaint case was nothing but only a reiteration of the illegality found in the FIR for manufacture of allegedly spurious drugs which is a serious matter. This Court, in the facts and circumstances of the case, considering the limited challenge to the institution of the subsequent Complaint Case No. C-II 207/2003 which draws its sustenance from Siwan PS Case No. 165/2005 when the petitioner does not make any grievance of institution of the FIR and submits that he is ready to face prosecution thereunder, finds that no useful purpose shall be served by allowing the complaint case to continue as prosecution for applicability of Drugs and Cosmetics Act, and which provisions of the same be aptly applicable in the case can appropriately be considered in the police case inclusive at the time of framing of charges. This application is allowed to the extent that the proceeding against the petitioner in Complaint Case No. CII 207/2003 is held to be bad. Notwithstanding the present order, the sanction of the statutory authority for the prosecution under the Drugs and Cosmetics Act referred to in Para 8 of the complaint shall have its full effect in law, in so far as the police case is concerned. Snkumar/- (Navin Sinha,J.)