IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7521 of 2008 SANJAY KUMAR, Son of Late Nagendra Singh, resident of Village – Anauli, P.S. – Bhagwanganj, District – Patna. … Petitioner. Versus 1. THE STATE OF BIHAR through the Secretary, Health Department, Govt. of Bihar, Patna. 2. THE DIRECTOR GENERAL OF POLICE, Bihar, Patna. 3. THE RURAL SUPERINTENDENT OF POLICE, Patna. 4. THE DRUG INSPECTOR, Patna. 5. THE OFFICER-IN-CHARGE, Bhagwanganj (Masaurhi). …. Opp. Parties. ----------- 02/ 22.04.2009 Heard learned counsel for the petitioner and the State. A complaint having been made by the Drug Inspector namely, Vishwajeet Das Gupta to the Officer-in-charge of Bhagwanganj Police Station in Masaurhi. An FIR was lodged. Raid was conducted in the shop of the present petitioner and based on the charge sheet cognizance came to be taken under Section 18(C) of the Drugs and Cosmetics Act, 1940 and summons have came to be issued against the petitioner. Petitioner is now seeking quashing of the entire proceeding including the order taking cognizance on a legal submission being made in this regard that the police has no authority or power to carry out any search and seizure or to institute any case because Drugs and Cosmetics Act is a composite Act and the power has been given on the Drug Inspector himself to file a complaint in case of any violation of any provision of the Act. In this regard, learned counsel relies on a decision rendered in the case of Hindustan Lever Ltd. Vs. State of Bihar and Others 1997(1) B.L.J. 899 rendered by this Court in a - 2 - similar matter. Submission of the learned counsel for the petitioner seems to be correct as the provision under the act and the decision rendered in the case of Hindustan Lever Ltd. (supra) supports the submission of the petitioner. In view of the above, the police had no occasion to institute an FIR or conduct raid for the substantive offence under the Act. The quashing application is allowed. The order taking cognizance dated 3.12.2007 as well as entire proceeding arising out of Bhagwanganj P.S. Case No. 171 of 2007 pending in the court of S.D.J.M., Masaurhi is hereby quashed. DKS/ (Ajay Kumar Tripathi, J.)