SURENDRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.570 dated 24.9.2008 under Sections 18A, 18C and 2 (cc) of the Drugs and Cosmetics Act, 1940 (the Act for short) and Section 420 of the Indian Penal Code, 1860 (IPC for short) registered at Police Station Jhajjar District Jhajjar and all the subsequent proceedings arising therefrom.

(2.) LEARNED counsel for the petitioner has submitted that for an offence under the Act, the Drugs Inspector can file a complaint but FIR could not have been registered. In support of his argument, learned counsel has placed reliance on Rajeev Kumar vs. State of Punjab 1997 (4) RCR (Criminal) 846, wherein, it was held as under:-

(3.) HOWEVER , the Drug Inspector would be at liberty to initiate proceedings against the petitioner under the relevant provisions of the Act, if there is any violation of any provision of the said Act.