(1.) Heard Sri Shiv P. Shukla, learned counsel for the applicant and Sri Aniruddh Kumar Singh, learned AGA-I and Mrs. Nusrat Jahan learned AGA for the State.
(2.) By means of the instant application a prayer is made to quash the criminal proceedings of criminal case no 1437 of 2022 (state of U.P. versus Shail Kumar Jain) under Sec. 17B/17A(e)/18A/27 Drugs and Cosmetics Act, 1940 against the applicant registered for an offence punishable under Sec. 27 (d) of the Drugs and Cosmetics Act, 1940 ('the Act' for short) as well as summoning order dtd. 19/7/2023.
(3.) The learned counsel appearing for the applicant submits that in fact, the present applicant is a lawful degree holder of BAMS course from Lucknow University and it is not disputed even by the complainant, but a complaint has been instituted under Sec. 17B /17A(e)/18A/27 Drugs and Cosmetics Act 1940 (Hereinafter referred as 'the Act 1940') before the Additional District and Sessions, Judge NDPS Act, Lucknow. He submits that once the samples were taken and notice was issued, the present applicant has replied though the same was kept for a long period of time for deciding, i.e., for about four years and thereafter again a notice was served which was immediately replied by the present applicant but ignoring all this, complaint has been filed against the applicant on nonest grounds. Adding his arguments, he submits that so far as the provision of Sec. 33M of the 'Act 1940' is concerned, it says that no prosecution under this chapter shall be instituted except by an Inspector (with the previous sanction of the authority specified under sub-sec. (4) of Sec. 33G which is missing in the instant matter and this fact has been ignored by the learned trial Court while summoning the applicant.