SARDAR JAS KARAN SINGH Vs. STATE

JUDGEMENT

(1.) THE applicant was prosecuted before the learned City Magistrate, Saharanpur for an offence punishable under the Drugs and Cosmetics Act, 1940 - hereinafter referred to as the Act.

(2.) A preliminary objection was raised to the prosecution on behalf of the accused. It was contended that Section 22 (sic) of the Act and Rule 51 of the Drugs and Cosmetics Rules. 1945 - hereinafter referred to as the Rules - make it obligatory for an inspector to obtain sanction for prosecution from the Controlling Authority i. e. the Director of Public Health. It was urged that the prosecution of the applicant had been launched bv P. W. 1 Sri S. K. Bishnoi, Inspector of Drugs, not on the basis of a sanction obtained from the Controlling Authority, who happened to be the Director of Public Health tout on the basis of one accorded by the Assistant Controller of Drugs, U. P. vide his letter No. 4862 dated 28th September, 1967 which is on record.

(3.) ON a consideration of the relevant provisions of the Act and the Rules, the learned Magistrate rejected the contention and held that no sanction at all was needed for a prosecution being initiated by an Inspector appointed under the Act for breach of the provisions thereof. A revision filed before the learned Sessions Judge failed and consequently the applicants have invoked the powers of this Court under Section 439, Criminal P. C.