IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. W.J.C. No.263 of 2011 Keshaw Prasad, son of Ram Das Prasad, resident of Village Hathauri, Police Station Husainganj, District Siwan. ---Petitioner Versus 1. The State of Bihar. 2. The Superintendent of Police, Siwan. 3. The Licensing Authority, Drug Control Administration, Siwan (Bihar). 4. The Drug Inspector, Siwan. 5. The Officer-in-Charge-Cum-S.H.O., Town Police Station, Siwan. ---Respondents ----------- 2. 18.3.2011 Heard learned counsel for the petitioner and the State. This application is for quashing the First Information Report, vide Siwan Town (Nagar) Police Station Case No.19/2011, for the alleged offences under sections 420, 467, 468, 471, 475, 274, 275 and 276 of the Indian Penal Code and sections 18-A/18-C/27 of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as “the Act”) registered on 17.1.2011 on the report of the Drug Inspector, Siwan, as contained in Annexure 1. Learned counsel for the petitioner submits that on the basis of the aforesaid criminal case, proceeding was initiated against the petitioner. Learned counsel further submits that in terms of section 22 read with section 32 of the Act, prosecution can be launched on the basis of the complaint filed by the Drug Inspector and no police case can be registered and proceeded. In this connection, learned counsel submits that the aforesaid matter has been considered by this Court in various decisions and this Court in the case of Suresh Prasad v. State of Bihar, reported in 2009(1) - 2 - PLJR 860,considering the aforesaid provisions of the Act quashed the prosecution initiated on the basis of the First Information Report. The case of the petitioner is also covered by the aforesaid decision of this Court. Learned counsel for the State is not in a position to controvert the above position of law. In the above circumstances and upon considering the submissions of the parties as also considering the aforesaid decision of this Court, the case of the petitioner stands on similar footing. Thus, the First Information Report, vide Siwan Town (Nagar) Police Station Case No.19/2011 dated 17.1.2011, as contained in Annexure 1, and subsequent actions taken pursuant to the aforesaid First Information Report being without jurisdiction, are hereby quashed. However, quashing the First Information Report shall not preclude the competent authority to take appropriate action as per law. The writ application stands allowed to the extent indicated above. It is, however, made clear that this Court has not gone into the merits of the matter. PNM (Shailesh Kumar Sinha, J.)